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1 | AN ACT concerning property.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Mobile Home Landlord and Tenant Rights Act | |||||||||||||||||||||||
5 | is amended by changing Sections 8 and 9 and by adding Section | |||||||||||||||||||||||
6 | 8.5 as follows:
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7 | (765 ILCS 745/8) (from Ch. 80, par. 208)
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8 | Sec. 8. Renewal of Lease. | |||||||||||||||||||||||
9 | (a) At the expiration of a lease, including one that is a | |||||||||||||||||||||||
10 | renewal of a previous lease, the lease shall be renewed | |||||||||||||||||||||||
11 | automatically for a term of 2 years with the same terms as the | |||||||||||||||||||||||
12 | previous lease, unless: | |||||||||||||||||||||||
13 | (1) the tenant notifies the park owner 30 days prior to | |||||||||||||||||||||||
14 | the expiration of the lease that he or she does not intend | |||||||||||||||||||||||
15 | to renew the lease; | |||||||||||||||||||||||
16 | (2) the park owner notifies the tenant 30 days prior to | |||||||||||||||||||||||
17 | the expiration of the lease that the lease will not be | |||||||||||||||||||||||
18 | renewed and specifies in writing one or more of the | |||||||||||||||||||||||
19 | following reasons: violation of park rules; violation of | |||||||||||||||||||||||
20 | health and safety codes; or irregular or non-payment of | |||||||||||||||||||||||
21 | rent; | |||||||||||||||||||||||
22 | (3) the park owner seeks to change the terms of the | |||||||||||||||||||||||
23 | agreement pursuant to subsections (b), (c), and (d), in |
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1 | which case the procedures set forth in those subsections | ||||||
2 | shall apply; or | ||||||
3 | (4) the park owner elects to cease the operation of | ||||||
4 | either all or a portion of the mobile home park. The | ||||||
5 | tenants shall be entitled to at least 12 months notice of | ||||||
6 | the cessation of operations. If 12 months or more remain on | ||||||
7 | the existing lease at the time of notice, the tenant is | ||||||
8 | entitled to the balance of the term of his or her lease. If | ||||||
9 | there are less than 12 months remaining in the term of his | ||||||
10 | or her lease, the tenant is entitled to the balance of his | ||||||
11 | or her lease plus a written month-to-month tenancy, at the | ||||||
12 | expiring lease rate to provide him or her with a full 12 | ||||||
13 | months notice. | ||||||
14 | (b) Six months prior to the expiration of the lease, the | ||||||
15 | park owner shall offer the tenant a renewal lease with a term | ||||||
16 | of at least 2 years with the proposed rental amount and any fee | ||||||
17 | or other lease changes for that term. | ||||||
18 | (c) If the tenant does not accept the new terms, the tenant | ||||||
19 | may initiate a binding appraisal process whereby a State | ||||||
20 | certified general real estate appraiser, licensed pursuant to | ||||||
21 | the Real Estate Licensing Act of 2002, agreed to by the tenant | ||||||
22 | and park owner shall determine the fair market value of the | ||||||
23 | rent and other fees over the next 2 years, based on the | ||||||
24 | existing leases of other tenants in the same mobile home park | ||||||
25 | and any discount that is necessary to reflect any future change | ||||||
26 | in land use that the park owner has announced. The amount |
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1 | determined by the appraiser, including any built-in increases, | ||||||
2 | shall be binding for the next 2 year period. | ||||||
3 | (d) A tenant whose existing lease does not comply with this | ||||||
4 | Act shall, as soon as practical, be offered a 2 year lease that | ||||||
5 | complies with this Act, effective on the termination of the | ||||||
6 | existing lease. If the tenant does not accept the terms of the | ||||||
7 | lease, the tenant may initiate a binding appraisal process, | ||||||
8 | whereby a State certified general real estate appraiser, | ||||||
9 | licensed pursuant to the Real Estate Licensing Act of 2002, | ||||||
10 | agreed to by the tenant and park owner shall determine the fair | ||||||
11 | market value of the rent and other fees over the next 2 years, | ||||||
12 | based on new leases of other tenants in the same mobile home | ||||||
13 | park and, if necessary, leases in comparable mobile home parks. | ||||||
14 | (e) All notices required under this Section shall be by | ||||||
15 | certified mail or personal service. Certified mail shall be | ||||||
16 | deemed to be effective upon the date of mailing.
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17 | (f) A tenant has 60 days from receipt of the renewal notice | ||||||
18 | to initiate the binding appraisal process. If the appraisal | ||||||
19 | process extends beyond the term of the original lease term, the | ||||||
20 | tenant shall be a hold-over on a month-to-month lease under the | ||||||
21 | terms of the original lease and the park owner shall be | ||||||
22 | prohibited from taking any action inconsistent with that | ||||||
23 | original lease.
Every lease of a mobile home or lot in a mobile
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24 | home park shall contain an option which automatically renews | ||||||
25 | the
lease; unless: (a) the tenant shall notify the owners 30 | ||||||
26 | days prior to the
expiration of the lease that he does not |
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1 | intend to renew the lease; or (b)
the park owner shall notify | ||||||
2 | the tenant
30 days prior to the expiration of the lease that | ||||||
3 | the lease will not be
renewed and specify in writing the | ||||||
4 | reasons, such as violations of park rules,
health and safety | ||||||
5 | codes or irregular or non-payment of rent; or (c) the
park | ||||||
6 | owner elects to cease the operation of either all or a portion | ||||||
7 | of the
mobile home park. The tenants shall be entitled to at | ||||||
8 | least 12 months
notice of such ceasing of operations. If 12 | ||||||
9 | months or more remain on the
existing lease at the time of | ||||||
10 | notice, the tenant is entitled to the balance
of the term of | ||||||
11 | his lease. If there is less than 12 months remaining in the
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12 | term of his lease, the tenant is entitled to the balance of his | ||||||
13 | lease plus
a written month to month tenancy, at the expiring | ||||||
14 | lease rate to provide him
with a full 12 months notice.
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15 | All notices required under this Section shall be by | ||||||
16 | certified mail or
personal service. Certified mail shall be | ||||||
17 | deemed to be effective upon the
date of mailing.
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18 | (Source: P.A. 87-1078.)
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19 | (765 ILCS 745/8.5 new) | ||||||
20 | Sec. 8.5. Appraisals. | ||||||
21 | (a) If the tenant or tenant association and the park owner | ||||||
22 | fail to select an appraiser, pursuant to subsections (c) or (d) | ||||||
23 | of Section 8, the circuit court in the county where the park is | ||||||
24 | located, upon application of the park owner or tenant, shall | ||||||
25 | appoint the appraiser. |
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1 | (b) The appraiser's decision shall be a signed written | ||||||
2 | document, with copies provided to both the park owner and | ||||||
3 | tenant. The appraiser's decision shall equitably apportion | ||||||
4 | expenses and fees incurred in the preparation of the appraisal | ||||||
5 | between the park owner and tenant. | ||||||
6 | (c) The park owner and tenant have the right in the | ||||||
7 | appraisal procedure to be represented by attorneys, or in the | ||||||
8 | case of the tenant, by the tenant association. | ||||||
9 | (d) The park owner or tenant may seek court review of an | ||||||
10 | appraisal that was conducted pursuant to this Section. The | ||||||
11 | court may vacate or modify the appraiser's decision, establish | ||||||
12 | the fair market value of the land, or grant any such other | ||||||
13 | relief as the court deems just or appropriate.
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14 | (765 ILCS 745/9) (from Ch. 80, par. 209)
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15 | Sec. 9. The Terms of Fees and Rents. The terms for payment | ||||||
16 | of rent shall
be clearly set forth and all charges for | ||||||
17 | services, ground or lot rent, unit
rent, or any other charges | ||||||
18 | shall be specifically itemized in the lease and
in all billings | ||||||
19 | of the tenant by the park owner.
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20 | The owner shall not change the rental terms nor increase | ||||||
21 | the cost of fees,
except as provided herein.
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22 | The park owner shall not charge a transfer or selling fee | ||||||
23 | as a condition
of sale of a mobile home that is going to remain | ||||||
24 | within the park unless
a service is rendered.
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25 | Rents charged to a tenant by a park owner may be increased |
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1 | upon the
renewal of a lease. Notification of an increase shall | ||||||
2 | be delivered 60 days
prior to expiration of the lease.
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3 | (Source: P.A. 86-851.)
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