HB1209 EngrossedLRB097 07717 AJO 47828 b



1    AN ACT concerning civil law.

 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:



 
4    Section 5. The Code of Civil Procedure is amended  by 
5changing Section 9-209 as follows:
 



6    (735 ILCS 5/9-209)  (from Ch. 110, par. 9-209)



7    Sec. 9-209. Demand for rent - Action for possession. A 
8landlord or his
or her agent may, any time after rent is due,

9demand payment thereof and notify the tenant, in writing, that 
10unless
payment is made within a time mentioned in such notice, 
11not less than
5 days after service thereof, the lease will be 
12terminated. If the
tenant does not within the time mentioned in 
13such notice, pay the rent
due, the landlord may consider the 
14lease ended, and sue for the
possession under the statute in 
15relation to forcible entry and
detainer, or maintain ejectment 
16without further notice or demand. A
claim for rent may be 
17joined in the complaint, including a request for the pro rata 
18amount of rent due for any period that a judgment is stayed, 
19and a judgment obtained for
the amount of rent found due, in 
20any action or proceeding brought, in an
action of forcible 
21entry and detainer for the possession of the leased
premises, 
22under this Section.

23    Notice made pursuant to this Section shall, as hereinafter 
 
 
HB1209 Engrossed- 2 -LRB097 07717 AJO 47828 b

1stated, not
be invalidated by payments of past due rent 
2demanded in the notice, when
the payments do not, at the end of 
3the notice period, total the amount demanded
in the notice.  The 
4landlord may, however, agree in writing to continue
the lease 
5in exchange for receiving partial payment.  To prevent 
6invalidation,
the notice must prominently state:

7    "Only FULL PAYMENT of the rent demanded in this notice will 
8waive the landlord's
right to terminate the lease under this 
9notice, unless the landlord agrees
in writing to continue the 
10lease in exchange for receiving partial payment."

11    Collection by the landlord
of past rent due after the 
12filing of a suit for possession or ejectment
pursuant to 
13failure of the tenant to pay the rent demanded in the notice

14shall not invalidate the suit.

15(Source: P.A. 83-1398.)