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Rep. La Shawn K. Ford
Filed: 3/8/2011
| | 09700HB1209ham001 | | LRB097 07717 AJO 52244 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1209
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1209 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 9-209 as follows:
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| 6 | | (735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
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| 7 | | Sec. 9-209. Demand for rent - Action for possession. A |
| 8 | | landlord or his
or her agent may, any time after rent is due,
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| 9 | | demand payment thereof and notify the tenant, in writing, that |
| 10 | | unless
payment is made within a time mentioned in such notice, |
| 11 | | not less than
5 days after service thereof, the lease will be |
| 12 | | terminated. If the
tenant does not within the time mentioned in |
| 13 | | such notice, pay the rent
due, the landlord may consider the |
| 14 | | lease ended, and sue for the
possession under the statute in |
| 15 | | relation to forcible entry and
detainer, or maintain ejectment |
| 16 | | without further notice or demand. A
claim for rent may be |
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| | 09700HB1209ham001 | - 2 - | LRB097 07717 AJO 52244 a |
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| 1 | | joined in the complaint, including a request for the pro rata |
| 2 | | amount of rent due for any period that a judgment is stayed, |
| 3 | | and a judgment obtained for
the amount of rent found due, in |
| 4 | | any action or proceeding brought, in an
action of forcible |
| 5 | | entry and detainer for the possession of the leased
premises, |
| 6 | | under this Section.
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| 7 | | Notice made pursuant to this Section shall, as hereinafter |
| 8 | | stated, not
be invalidated by payments of past due rent |
| 9 | | demanded in the notice, when
the payments do not, at the end of |
| 10 | | the notice period, total the amount demanded
in the notice. The |
| 11 | | landlord may, however, agree in writing to continue
the lease |
| 12 | | in exchange for receiving partial payment. To prevent |
| 13 | | invalidation,
the notice must prominently state:
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| 14 | | "Only FULL PAYMENT of the rent demanded in this notice will |
| 15 | | waive the landlord's
right to terminate the lease under this |
| 16 | | notice, unless the landlord agrees
in writing to continue the |
| 17 | | lease in exchange for receiving partial payment."
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| 18 | | Collection by the landlord
of past rent due after the |
| 19 | | filing of a suit for possession or ejectment
pursuant to |
| 20 | | failure of the tenant to pay the rent demanded in the notice
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| 21 | | shall not invalidate the suit.
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| 22 | | (Source: P.A. 83-1398.)".
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