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Sen. John J. Cullerton
Filed: 4/10/2008
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LRB095 19293 AJO 49179 a |
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| AMENDMENT TO SENATE BILL 2124
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| AMENDMENT NO. ______. Amend Senate Bill 2124, AS AMENDED, |
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| by replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Code of Civil Procedure is amended by |
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| changing Section 9-106 and by adding Section 9-121 as follows:
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| (735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
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| Sec. 9-106. Pleadings and evidence. |
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| (a) On complaint by the party or parties
entitled to
the |
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| possession of such premises being filed in the circuit court |
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| for the
county where such premises are situated, stating that |
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| such party is
entitled to the possession of such premises |
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| (describing the same with
reasonable certainty), and that the |
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| defendant (naming the defendant) unlawfully
withholds the |
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| possession thereof from him, her or them, the clerk of the
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| court shall issue a summons.
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LRB095 19293 AJO 49179 a |
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| Except as provided in subsection (b) of this Section, the |
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| The defendant may under a general denial of the allegations of |
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| the
complaint offer in evidence any matter in defense of the |
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| action.
Except as otherwise provided in Section 9-120,
no
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| matters not germane to the distinctive purpose of the |
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| proceeding shall
be introduced by joinder, counterclaim or |
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| otherwise. However,
a claim for rent may be joined in the |
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| complaint, and judgment may be entered
for the amount of rent |
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| found due.
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| (b) In the event a jury demand is filed by a defendant or a |
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| defendant is granted a continuance in excess of 10 days from |
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| the first date the case is heard before a judge: |
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| (1) A verified answer shall be filed that specifically |
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| sets
forth whether there is a denial of or a defense to the |
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| service of the
notice from the plaintiff, if a notice is |
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| required to obtain a judgment. Notices include, but are not |
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| limited to, a demand for possession, 5 day notice, and |
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| notice terminating a tenancy. If there is a defense or |
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| denial, the specifics shall be set forth. If there is no |
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| defense or denial, the defendant shall specifically state |
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| that the notice was duly served and there are no defenses |
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| thereto; and |
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| (2) In addition, the verified answer shall state the |
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| dollar amount of
rent the defendant believes is due. If |
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| that amount is different from
the amount claimed by the |
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| plaintiff, the defendant shall give specifics
as to the |
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LRB095 19293 AJO 49179 a |
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| basis for the difference and attach copies of any |
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| documentation supporting defendant's verified answer. |
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| (c) A failure to provide a verified answer or to raise and |
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| specify the defenses as required by subsection (b) shall be |
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| deemed an admission by the defendant that there are no defenses |
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| to either service of notice or the past due rent claimed. |
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| (d) The clerk of the court may prepare a form for use by a |
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| defendant to comply with this Section, but the failure to do so |
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| shall not affect
the admissions under subsection (c). |
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| (Source: P.A. 90-360, eff. 1-1-98.)
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| (735 ILCS 5/9-121 new) |
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| Sec. 9-121. Stay of judgment for possession. Enforcement of |
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| a judgment for possession in all actions for forcible entry and |
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| detainer on Illinois real estate where the sole basis for the |
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| judgment is non-payment of past rent against the occupant of a |
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| single family residence or apartment, including condominiums, |
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| shall be stayed until January 1, 2010, if prior to the entry of |
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| the final judgment the actual tenant under a lease or rental |
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| agreement tenders and thereafter makes timely payments of |
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| current rent. |
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| In the event current rent is not paid on a timely basis |
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| after an order is entered that does not allow enforcement of |
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| the possession portion of the order, the court on appropriate |
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| motion shall enter an order allowing enforcement of possession |
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| 7 days after entry of said order. |
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| Nothing in this Section is intended to preclude an action |
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| or joint action for past due rent or immediate enforcement of a |
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| judgment for past due rent.
This Section excludes actions where |
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| the judgment is against a tenant whose occupancy is for a term |
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| of less than month-to-month or whose rent, or a portion |
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| thereof, is paid to the landlord by any federal or State agency |
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| or unit of local government. |
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| This Section excludes all actions in which: there is a new |
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| landlord who is the purchaser of the property after a judgment |
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| of foreclosure and sale; the landlord is an entity created by a |
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| federal or State agency or unit of local government; the tenant |
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| is found to have breached the rental agreement other than by |
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| failing to pay past rent; or the basis for the action for |
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| possession is based upon a statute concerning eminent domain, |
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| drug use, or other specific matter. For the purpose of this |
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| Section, "past rent" means any monetary payment due to the |
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| landlord, including but not limited to security deposits, |
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| penalties, attorney's fees, and similar charges.".
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