HB1233 EnrolledLRB097 05778 AJO 45845 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 Landlord and Tenant Act is amended by adding 
5Section 15 as follows:
 
6    (765 ILCS 705/15 new)
7    Sec. 15. Changing or rekeying of the dwelling unit lock.
8    (a) A lessor of a dwelling unit shall comply with the 
9provisions of this Section regarding the changing or rekeying 
10of the dwelling unit lock.  For the purposes of this Section, 
11"dwelling unit" means a room or suite of rooms used for human 
12habitation and for which a lessor and a lessee have a written 
13lease agreement.
14    (b)  After a dwelling unit has been vacated and on or before 
15the day that a new lessee takes possession of the dwelling 
16unit, the lessor shall change or rekey the immediate access to 
17the lessee's individual dwelling unit. For the purposes of this 
18Section, "change or rekey" means:
19        (1)  replacing the lock;
20        (2)  replacing the locking or cylinder mechanism in the 
21    lock so that a different key  is used to unlock the lock;
22        (3)  changing the combination on a combination or 
23    digital lock;
 
 
HB1233 Enrolled- 2 -LRB097 05778 AJO 45845 b

1        (4)  changing an electronic lock so that the means or 
2    method of unlocking the lock is changed from the 
3    immediately prior tenant; or
4        (5) otherwise changing the means of gaining access to 
5    the lessee's locked individual dwelling unit so that it is 
6    not identical to the prior lessee's means of  gaining access 
7    to the lessee's locked individual dwelling unit.
8    (c)      If a lessor does not change or rekey the lock as 
9required in this Section, and a theft occurs at that dwelling 
10unit that is attributable to the lessor's failure to change or 
11rekey the lock, the landlord is liable for any damages from the 
12theft that occurs as a result of the lessor's failure to comply 
13with this Section.
14    (d) The provisions of this Section do not apply if the 
15lessee has obtained the right to change or rekey the dwelling 
16unit lock pursuant to a written lease agreement.
17    (e) The  provisions of this Section do not apply to (i) an 
18apartment rental in an apartment building with 4 units or less 
19when one of the units is occupied by the owner or (ii) the 
20rental of a room in a private home that is owner-occupied. 
21    (f) This Section applies only in counties having a 
22population of more than 3,000,000. 
 

23    Section 99. Effective date. This Act takes effect January 
241, 2012.