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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 Section 6 as follows:
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6 | (765 ILCS 745/6) (from Ch. 80, par. 206)
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7 | Sec. 6. Obligation of Park Owner to Offer Written Lease. | |||||||||||||||||||
8 | Except as provided in this Act, no person
shall offer a | |||||||||||||||||||
9 | mobile home or lot for rent or sale in a mobile home park
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10 | without having first exhibited to the prospective tenant or | |||||||||||||||||||
11 | purchaser a
copy of the lease applicable to the respective | |||||||||||||||||||
12 | mobile home park, unless the prospective tenant waives this | |||||||||||||||||||
13 | right in writing.
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14 | (a) The park owner shall be required, on a date before the | |||||||||||||||||||
15 | date on which the lease is signed, to offer to each present and
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16 | future tenant a written lease for a term of not less than 24 | |||||||||||||||||||
17 | months,
unless the prospective tenant waives that right and the | |||||||||||||||||||
18 | parties agree to a different term subject to existing leases
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19 | which shall be continued pursuant to their terms.
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20 | (b) Tenants in possession on the effective date of this Act | |||||||||||||||||||
21 | shall
have 30 days after receipt of the offer for a written | |||||||||||||||||||
22 | lease within which
to accept or reject such offer; during which | |||||||||||||||||||
23 | period, the rent may not be
increased or any other terms and |
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1 | conditions changed, except as permitted
under this Act; | ||||||
2 | providing that if the tenant has not so elected he shall
vacate | ||||||
3 | within the 30 day period.
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4 | (c) The park owner shall notify his tenants in writing not | ||||||
5 | later
than 30 days after the effective date of this Act, that a | ||||||
6 | written lease
shall be available to the tenant and that such | ||||||
7 | lease is being offered in
compliance with and will conform to | ||||||
8 | the requirements of this Act.
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9 | (d) The park owner shall give 90 days' notice of any rent | ||||||
10 | increase and no rent increase shall go into effect until 90 | ||||||
11 | days after the notice. Upon receipt of the notice of the rent | ||||||
12 | increase, a tenant shall have 30 days in which to accept or | ||||||
13 | reject the rent increase. If the tenant rejects the rent | ||||||
14 | increase, the tenant must notify the park owner of the date on | ||||||
15 | which the tenant will vacate the premises, which shall be a | ||||||
16 | date before the effective date of the rent increase. | ||||||
17 | (e) The park owner may provide for a specified rent | ||||||
18 | increase between the first and second years of the lease. | ||||||
19 | (f) The park owner may offer a month-to-month tenancy | ||||||
20 | agreement option to a tenant not wishing to make a long-term | ||||||
21 | commitment if the tenant signs a written statement | ||||||
22 | acknowledging that the park owner offered the tenant a longer | ||||||
23 | term lease but the tenant chose instead to agree to only a | ||||||
24 | month-to-month tenancy agreement. If the tenant declines to | ||||||
25 | sign either a lease or a statement acknowledging that a lease | ||||||
26 | was offered, the park owner shall sign and deliver to the |
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1 | tenant a statement to that effect. Any month-to-month tenancy | ||||||
2 | agreement must provide a minimum of 90 days' notice to the | ||||||
3 | tenant before any rent increase is effective. | ||||||
4 | (g) A prospective tenant who executes a lease pursuant to | ||||||
5 | this Section may cancel the lease by notifying the park owner | ||||||
6 | in writing within 3 business days after the prospective | ||||||
7 | tenant's execution of the lease, unless the prospective tenant | ||||||
8 | waives in writing this right to cancel the lease or waives this | ||||||
9 | right by taking possession of the mobile home or the lot. The | ||||||
10 | park owner shall return any downpayment, security deposit , or | ||||||
11 | rent paid by the prospective tenant within 10 days after | ||||||
12 | receiving the written cancellation. If the park owner enters | ||||||
13 | into an agreement to sell a mobile home to a prospective tenant | ||||||
14 | or lease it to a prospective tenant with an option to purchase, | ||||||
15 | the prospective tenant may cancel the sale or lease-purchase | ||||||
16 | agreement along with the lease by notifying the park owner in | ||||||
17 | writing within 3 business days after the prospective tenant's | ||||||
18 | execution of the lease. The park owner shall, within 10 days | ||||||
19 | after receiving the written cancellation, refund all | ||||||
20 | consideration paid by the prospective tenant and cancel any | ||||||
21 | debt relating to the purchase or lease of the mobile home. | ||||||
22 | (h) The maximum amount that a park owner may recover as | ||||||
23 | damages for a tenant's early termination of a lease is the | ||||||
24 | amount due under the lease, less any offset or mitigation | ||||||
25 | through a re-lease. | ||||||
26 | (i) A tenant in possession of a mobile home or lot who is |
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1 | not subject to a current lease on the effective date of this | ||||||
2 | amendatory Act of the 95th General Assembly
shall be offered a | ||||||
3 | lease by the park owner within 90 days after the effective date | ||||||
4 | of this amendatory Act of the 95th General Assembly. Tenants in | ||||||
5 | possession on the effective date of this amendatory Act of the | ||||||
6 | 95th General Assembly
shall have 30 days after receipt of the | ||||||
7 | offer for a written lease within which to accept or reject the | ||||||
8 | offer, during which period the rent may not be increased or any | ||||||
9 | other terms and conditions changed, except as permitted under | ||||||
10 | this Act; provided that if the tenant has not so elected he or | ||||||
11 | she shall vacate within the 30-day period.
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12 | (Source: P.A. 95-383, eff. 1-1-08.)
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