103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4104

 

Introduced , by Rep. Hoan Huynh

 

SYNOPSIS AS INTRODUCED:
 
New Act
50 ILCS 825/5
50 ILCS 825/6 new
50 ILCS 825/10
765 ILCS 720/Act rep.
765 ILCS 745/18  from Ch. 80, par. 218

    Creates the Let the People Lift the Ban Act. Includes legislative findings and purpose. Defines terms. Excludes specified types of residences and occupancies from the Act. Includes provisions relating to rental agreements, tenant and landlord rights and obligations, tenant and landlord remedies, security deposits, retaliatory conduct, lockouts, and conflict with other provisions of law. Amends the Rent Control Preemption Act. Provides that a prohibition on a unit of local government enacting, maintaining, or enforcing an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property does not apply if the voters of the unit of local government have approved a referendum allowing rent control. Adds provisions about local rent control regulation, including regulation within a district, precinct, ward, or other similar subdivision of a unit of local government. Changes the home rule preemption of the Act to concurrent exercise of home rule powers by a unit rather than exclusive exercise by the State. Repeals the Retaliatory Eviction Act. Effective immediately.


LRB103 32587 LNS 62200 b

 

 

A BILL FOR

 

HB4104LRB103 32587 LNS 62200 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 1. Short title. This Act may be cited as the Let
5the People Lift the Ban Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) There is a significant shortage of safe,
8    affordable, and healthy rental housing in the State,
9    especially for hundreds of thousands of lower-income
10    renters. One-third of residents, or nearly 1.6 million
11    households, depend on rental housing.
12        (2) The rate at which rent has increased in the State
13    has continued to outpace the increase in residents' real
14    wages, resulting in an increasing rent burden borne by
15    households, especially vulnerable populations. This
16    growing burden threatens the quality and stability of
17    housing available to renters.
18        (3) Many households that depend on rental housing are
19    low-income and are rent-burdened, meaning that they pay
20    more than 30% of the household income on rent.
21    Additionally, some of these households are severely
22    cost-burdened, meaning that the household must devote more
23    than 50% of the household income to paying rent, leaving

 

 

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1    little for other household necessities, such as health
2    care, education, vocational training, transportation, or
3    utilities.
4        (4) An inability to find affordable housing negatively
5    impacts tenants' economic stability, health and
6    well-being, and capacity to participate in their
7    communities. A lack of stable housing may limit a parent's
8    ability to maintain employment, a child's capacity to
9    succeed at school, and, for lower-income families, the
10    potential to escape the cycle of poverty.
11        (5) Tenants' inability to find and retain affordable
12    housing results in increased rates of involuntary
13    displacement, eviction, and property turnover, creating
14    additional burdens for landlords and property owners,
15    social service agencies, local governments, and the
16    judicial system, as well as renter households.
 
17    Section 10. Purpose. The purpose of this Act is to promote
18the maintenance and expansion of the supply of healthy,
19accessible, safe, and affordable rental housing, and to
20establish the rights and obligations of landlords and tenants
21in the rental of dwelling units in the State. This Act is
22remedial in its general purpose and shall be construed
23liberally to achieve its objectives.
 
24    Section 15. Definitions. As used in this Act:

 

 

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1    "Dwelling unit" means any structure or part of a
2structure, or land appurtenant to a structure, or any parcel
3of real property that is rented or available for rent for
4residential use and occupancy by one or more persons who
5maintain a household together, with the common areas and all
6housing services, privileges, furnishings, and facilities
7supplied in connection with the use or occupancy of the unit,
8including garage and parking facilities. "Dwelling unit"
9includes a mobile or manufactured home or mobile or
10manufactured home lot where the tenant has entered into a
11rental agreement to reside in the home or home lot.
12    "Harass" or "harassing" means knowing conduct that is not
13necessary to accomplish a purpose reasonable under the
14circumstances that would cause a reasonable tenant emotional
15distress and does cause emotional distress to the tenant.
16    "Landlord" means the owner, agent, lessor, sublessor, or
17the successor in interest of the owner, agent, lessor, or
18sublessor of a dwelling unit or the building of which it is
19part.
20    "Move-in fee" means the fee that a landlord charges to a
21tenant that is reasonably related to the landlord's cost for a
22tenant moving into the dwelling unit, including, but not
23limited to, additional security costs or additional trash
24removal.
25    "Owner" means one or more persons, jointly or severally,
26in whom is vested all or part of the legal title to property,

 

 

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1or all or part of the beneficial ownership, and a right to
2present use and enjoyment of the premises, including a
3mortgagee in possession.
4    "Owner-occupied" means that the residential building, or
5at least a portion or one unit of a residential building,
6condominium, or cooperative, is occupied by the owner of the
7residential building as the owner's principal residence.
8    "Person" means an individual, corporation, government,
9governmental subdivision or agency, business trust, estate,
10trust, partnership or association, or any other legal or
11commercial entity unless otherwise expressly excluded.
12    "Premises" means the dwelling unit and the structure of
13which it is a part, facilities and appurtenances in the
14dwelling unit or structure, and grounds, areas, and facilities
15held out for the use of tenants.
16    "Rent" means all payments to be made to the landlord under
17the rental agreement. When it is used as a determination of
18damages, and the tenant has a subsidized rent, such as a
19housing choice voucher, "rent" means the full market rent, not
20the tenant rent based on income.
21    "Rental agreement" or "lease" means a written or oral
22agreement, and any valid rules and regulations adopted under
23subsection (c) of Section 45, embodying the terms and
24conditions concerning the use and occupancy of a dwelling unit
25and premises.
26    "Security deposit" means funds provided to a landlord to

 

 

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1secure payment or performance of a tenant's obligations under
2a rental agreement, or the obligations of the tenant for its
3guests or pets, and the identifiable proceeds of the funds,
4however denominated. "Security deposit" does not include rent
5or fees.
6    "Tenant" means a person entitled, by written or oral
7agreement, subtenancy approved by the landlord, or by
8sufferance, to occupy a dwelling unit to the exclusion of
9others.
10    "Written notice" means communications in writing shared as
11handwritten, typed, or printed documents, mailed documents, or
12electronically mailed or messaged documents.
 
13    Section 20. Exclusions.
14    (a) The following arrangements are not governed by this
15Act:
16        (1) Transient occupancy in a hotel or motel.
17        (2) Residence at a public or private medical facility,
18    extended-care facility, geriatric facility, convent,
19    monastery, religious institution, temporary overnight
20    shelter, transitional shelter, educational dormitory, or
21    in a structure operated for the benefit of a social or
22    fraternal organization.
23        (3) Occupancy under a contract sale of a dwelling unit
24    if the occupant is the purchaser.
25        (4) Occupancy in a cooperative apartment by a

 

 

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1    shareholder of the cooperative.
2        (5) Occupancy by an employee of a landlord whose
3    occupancy is conditional upon employment in or about the
4    premises.
5        (6) Occupancy in a residential building in which
6    occupancy is limited to 6 units or fewer and that is
7    owner-occupied.
8        (7) Occupancy in a residential unit that is a
9    single-family home, including a single condominium unit,
10    if:
11            (A) the unit is the only residential unit leased
12        by the owner;
13            (B) the owner or immediate family member has
14        actually resided at the property for at least one
15        month in the 12 months prior to marketing the
16        property;
17            (C) the owner, not a management company,
18        personally manages the unit; and
19            (D) the owner is not a corporation.
20        (8) Occupancy in a dwelling unit in a hotel, motel,
21    inn, bed and breakfast establishment, rooming house, or
22    boardinghouse, but only until the dwelling unit has been
23    occupied by a tenant for 32 or more continuous days and
24    tenant pays a monthly rent, exclusive of any period of
25    wrongful occupancy contrary to agreement with an owner. No
26    landlord shall bring an action to recover possession of

 

 

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1    the unit, or avoid renting periodically, in order to avoid
2    the application of this paragraph. Any willful attempt to
3    avoid application of this paragraph by an owner may be
4    punishable by criminal or civil actions.
5    (b) If a residence is excluded from coverage by this
6Section, the owner shall make this exclusion known to
7prospective tenants in marketing materials and shall
8prominently state the exclusion on any application materials
9before the owner accepts any application fees, credit check
10fees, or holding fees.
11    (c) The anti-lockout prohibition under Section 70 applies
12to all dwelling units that are otherwise excluded by
13paragraphs (3), (5), (6), (7), and (8) of subsection (a).
14    (d) A landlord may not create a rental agreement in the
15form of an excluded agreement to avoid the application of this
16Section.
17    (e) Where a mobile home owner who, as a tenant, rents a
18manufactured home lot in a mobile home park, as those terms are
19defined or used in the Mobile Home Landlord and Tenant Rights
20Act, the park owner does not have to ensure that the mobile
21home:
22        (1) is maintained in accordance with the habitability
23    standards under paragraph (3) of subsection (c) of Section
24    30;
25        (2) has adequate heat under subsection (d) of Section
26    30; or

 

 

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1        (3) is maintained free of bedbugs under subsection (d)
2    of Section 55.
3    (f) Park owners shall ensure that any lots rented to
4mobile homeowners comply with subsections (Q), (R), (S), (T),
5(W), and (X) of the habitability standards under paragraph (3)
6of subsection (c) of Section 30.
 
7    Section 25. Rental agreements.
8    (a) When a landlord and a tenant enter into a rental
9agreement, that rental agreement shall comply with the
10requirements of this Section regardless of the duration of the
11tenancy. A landlord and tenant may include in a rental
12agreement any terms and conditions that are not prohibited by
13this Section or other law, including rent, term of the
14agreement, and other provisions governing the rights and
15obligations of the parties.
16    (b) Any written rental agreement subject to this Section
17shall contain the full names of all known occupants of the
18dwelling unit leased or to be leased under the rental
19agreement. The individual occupancy of the dwelling unit may
20not exceed the maximum occupancy permitted elsewhere in the
21applicable building code for that size unit.
22    (c) Rent is to be payable at the time and place agreed upon
23by the parties. Unless otherwise agreed, rent is payable at
24the dwelling unit at the beginning of any term of one month or
25less or in equal monthly installments at the beginning of each

 

 

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1month. Unless otherwise agreed, rent shall be uniformly
2apportionable from day to day.
3    (d) Unless otherwise agreed, when a tenant pays weekly,
4the tenancy shall be week to week and, in all other cases,
5month to month.
6    (e) The following apply to an unsigned or undelivered
7written rental agreement:
8        (1) If the landlord and tenant have agreed to a
9    written rental agreement, and the landlord fails to sign
10    or deliver the written agreement to the tenant, the
11    landlord's acceptance of rent, without reservation by the
12    landlord, gives the rental agreement the same effect as if
13    the landlord had signed and delivered the written rental
14    agreement to the tenant.
15        (2) If the landlord and tenant have agreed to a
16    written rental agreement, and the tenant fails to sign or
17    deliver the written agreement to the landlord, the
18    tenant's acceptance of possession and payment of rent,
19    without reservation, gives the rental agreement the same
20    effect as if the tenant had signed and delivered the
21    written rental agreement to the landlord.
22        (3) A written rental agreement given effect by the
23    operation of this subsection shall have a term of one
24    year.
25    (f) A rental agreement may not require that the tenant or
26the landlord:

 

 

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1        (1) waive or forgo rights or remedies under this
2    Section, State law, or federal law;
3        (2) authorize a confession of judgment, or any entry
4    of a judgment by a court without written notice or a trial,
5    for any claim, including, but not limited to, debts,
6    liabilities, damages, and obligations, arising out of the
7    rental agreement;
8        (3) waive any written termination of tenancy notice or
9    manner of service of the written termination provided
10    under State law or this Section, summons, copy of
11    complaint, petition, right to notice, motion, entry of
12    appearance, or other documents from the court as
13    established through the judicial process in the manner
14    provided by the Code of Civil Procedure or any action,
15    regardless of good cause or cost;
16        (4) agree to a nondisparagement clause that limits any
17    written or oral statements, remarks, or other
18    communications, public or private, directly or indirectly
19    made by tenants regarding the landlord, property,
20    management, staff, officers, directors, representatives,
21    investors, shareholders, administrators, affiliates,
22    employees, affiliated corporations, divisions, or
23    subsidiaries;
24        (5) limit any liability of the tenant or landlord
25    arising under law or indemnify the tenant or landlord for
26    that liability or the costs connected with that liability;

 

 

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1        (6) waive the right of any party to a trial by jury;
2        (7) agree that the tenant will pay the landlord's
3    attorney's fees of a lawsuit arising out of the tenancy,
4    except as provided for by law. This paragraph also applies
5    to a mobile home owner who, as a tenant, rents a mobile
6    home lot in a mobile home park, as those terms are defined
7    or used in the Mobile Home Landlord and Tenant Rights Act;
8        (8) agree that either party may cancel or terminate a
9    rental agreement at a different time or within a shorter
10    time period than the other party, unless these terms are
11    disclosed in a separate written notice;
12        (9) agree that a tenant shall pay a charge, fee or
13    penalty in excess of $10 per month for the first $1,000 in
14    monthly rent plus 5% per month for any amount in excess of
15    $1,000 in monthly rent for the late payment of rent. This
16    paragraph also applies to a mobile home owner who, as a
17    tenant, rents a mobile home lot in a mobile home park, as
18    those terms are defined or used in the Mobile Home
19    Landlord and Tenant Rights Act;
20        (10) agree that a tenant shall receive a discount in
21    excess of $10 per month for the first $1,000 in monthly
22    rent plus 5% per month for any amount in excess of $1,000
23    in monthly rent if the tenant pays rent before a specified
24    date or within a specified time period in the month;
25        (11) agree that a landlord shall apply rent payments
26    to a charge other than rent, including, but not limited

 

 

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1    to, utilities, fines, late fees, or other charges; or
2        (12) agree that the landlord shall impose a fee in
3    excess of the reasonable cost of that expense, including,
4    but not limited to, credit check fees and move-in fees. A
5    landlord shall not rename a fee or charge to avoid
6    application of this paragraph.
7    (g) A landlord shall not enforce a provision prohibited by
8this Section. If a landlord deliberately uses a rental
9agreement containing any provision known by the landlord to be
10prohibited, the tenant may recover actual damages or 2 months'
11rent, whichever is greater.
12    (h) Subsection (f) applies to rental agreements entered
13into on or after June 1, 2023.
 
14    Section 30. Tenant rights.
15    (a) In addition to any rights provided under federal or
16State law, a tenant has the rights specified in this Section
17under the circumstances set forth in this Section.
18    (b) A tenant has the following rights relating to
19disclosure of costs:
20        (1) The tenant has the right to disclosure of utility
21    costs. A landlord shall disclose to the tenant whether the
22    landlord or tenant bears the responsibility for payment of
23    the cost of a utility for the dwelling unit.
24        (2) In rental agreements in which the tenant pays the
25    cost of a utility for a dwelling unit and is directly

 

 

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1    responsible to the utility company, the utility service
2    shall be individually metered to the dwelling unit and the
3    landlord shall disclose to the tenant in the rental
4    agreement the annual cost of service from the utility
5    providing the primary service during the previous 12
6    months, if known.
7        (3) In rental agreements in which the tenant pays the
8    cost of a utility for a dwelling unit to the landlord, the
9    landlord shall disclose to the tenant in the rental
10    agreement the annual cost of service from the utility
11    providing the primary service during the previous 12
12    months. If the landlord did not own the dwelling unit
13    during the previous 12 months or did not pay the utility
14    costs to the utility provider on behalf of the tenant
15    during the previous 12 months, the landlord may satisfy
16    this requirement by providing cost of service for a
17    similar dwelling unit, if known, or disclose to the tenant
18    that the utility costs are unknown to the landlord.
19        (4) When the landlord charges a move-in fee, the
20    landlord shall provide the tenant with an itemized list of
21    the landlord's reasonable estimate of the costs that
22    comprise the move-in fee and shall not charge the tenant
23    moving into the premises for costs associated with routine
24    maintenance and the upkeep of the premises.
25    (c) A tenant has the following rights relating to
26habitability of a dwelling unit:

 

 

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1        (1) A tenant has the right to a dwelling that
2    materially complies with habitability standards and shall
3    have the right to a remedy when the property is not in
4    material compliance with habitability standards.
5        (2) Where the property is in a municipality that has
6    adopted a municipal building code or in unincorporated
7    areas of a county that has adopted a county building code,
8    the landlord and tenant may use that municipal building
9    code or that county building code as reference for
10    determining habitability standards.
11        (3) Habitability standards include, but are not
12    limited to, any of the following circumstances:
13            (A) floors with structural integrity, in sound
14        condition, and maintained in good repair, with the
15        safe load-bearing requirements;
16            (B) buildings, structures, and parts of buildings
17        with structural integrity, in sound condition, and
18        maintained in good repair;
19            (C) appropriate number, width, construction,
20        location, and accessibility of exits, stairway, fire
21        escape, or directional signs with structural
22        integrity, in sound condition, and maintained in good
23        repair;
24            (D) appropriate number, location, and
25        accessibility of smoke alarms, smoke detectors,
26        sprinkler systems, standpipe systems, fire alarm

 

 

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1        systems, automatic fire detectors, and fire
2        extinguishers;
3            (E) elevators with structural integrity, in sound
4        condition, and maintained in good repair;
5            (F) flush toilet, bathroom sink, bathtub or
6        shower, and kitchen sink with structural integrity, in
7        sound condition, and maintained in good repair;
8            (G) heating facilities and gas-fired appliances
9        with structural integrity, in sound condition, and
10        maintained in good repair;
11            (H) adequate heat, cold water, and hot water in
12        amounts and at levels and times as required by law;
13            (I) adequate hall or stairway lighting with
14        structural integrity, in sound condition, and
15        maintained in good repair;
16            (J) foundation, exterior walls, and exterior roof
17        with structural integrity, in sound condition,
18        maintained in good repair, and substantially
19        watertight and protected against rodents;
20            (K) floors, interior walls, and ceilings with
21        structural integrity, in sound condition, and
22        maintained in good repair;
23            (L) windows, exterior doors, and basement
24        hatchways with structural integrity, in sound
25        condition, maintained in good repair, and
26        substantially tight with locks or security devises,

 

 

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1        including deadlatch locks, deadbolt locks, sash and
2        ventilation locks, and front door windows or
3        peepholes;
4            (M) screens with structural integrity, in sound
5        condition, and maintained in good repair;
6            (N) stairways or porches with structural
7        integrity, in sound condition, and maintained in good
8        repair;
9            (O) basement and cellar with structural integrity,
10        in sound condition, maintained in good repair, and in
11        a safe and sanitary condition;
12            (P) facilities, equipment, and chimneys in safe
13        with structural integrity, maintained in good repair,
14        and in sound working condition;
15            (Q) prevention against the accumulation of
16        stagnant water;
17            (R) extermination of insects, rodents, and other
18        pests;
19            (S) adequate facilities for refuse disposal;
20            (T) prevention against the accumulation of
21        garbage, trash, refuse, or debris;
22            (U) adequate light and ventilation with structural
23        integrity, in sound condition, and maintained in good
24        repair;
25            (V) plumbing facilities, piping, fixtures,
26        appurtenances, and appliances with structural

 

 

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1        integrity, in good operating condition, and maintained
2        in sound repair;
3            (W) electrical systems, circuits, receptacles, and
4        devices with structural integrity, in sound condition,
5        and maintained in good repair;
6            (X) any other equipment that the landlord agrees
7        to or is required to supply, by any applicable law,
8        with structural integrity, in sound operating
9        condition, and maintained in good repair; and
10            (Y) a dwelling unit and common areas in a fit and
11        habitable condition and in compliance with all
12        applicable laws.
13    (d) A tenant has a right to adequate heat. From September
1415 through June 1 of each year, landlords shall maintain the
15temperature inside a dwelling unit to be at least 68 degrees
16from 8:30 a.m. to 10:30 p.m. and at least 66 degrees from 10:30
17p.m. to 8:30 a.m.
18    (e) A tenant has the following rights relating to
19exclusive possession and to be free from unlawful entry:
20        (1) If the landlord fails to deliver possession of the
21    dwelling unit to the tenant in compliance with the rental
22    agreement, rent abates until the landlord delivers
23    possession and the tenant may:
24            (A) on written notice to the landlord, terminate
25        the rental agreement and, upon termination, the
26        landlord shall return within 48 hours all security

 

 

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1        deposits; or
2            (B) demand performance of the rental agreement
3        and, if the tenant elects, the tenant may maintain an
4        action for possession of the dwelling unit against the
5        landlord or any person wrongfully in possession and
6        recover the damages sustained by the tenant.
7        (2) A tenant may recover from the person withholding
8    possession an amount not more than 2 months' rent or twice
9    the actual damages sustained by the tenant, whichever is
10    greater, and reasonable attorney's fees.
11        (3) If the landlord makes an unlawful entry or a
12    lawful entry in an unreasonable manner or makes repeated
13    demands for entry otherwise lawful, but which has the
14    effect of harassing the tenant, the tenant may obtain
15    injunctive relief to prevent the recurrence of the conduct
16    or terminate the rental agreement. In each case, the
17    tenant may recover an amount equal to not more than 2
18    months' rent or twice the damages sustained by the tenant,
19    whichever is greater, and reasonable attorney's fees.
20    (f) At any time prior to the issuance of any order of
21possession or eviction order made under Article IX of the Code
22of Civil Procedure, the tenant has a one-time right to cure the
23nonpayment of rent by paying the landlord unpaid rent, owed
24from the date of nonpayment to the date of payment, together
25with all filing fees and costs paid by the landlord and all
26fees and costs expended by the landlord for service of

 

 

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1process, but not including attorney fees. If the tenant pays
2under this subsection, then the Court shall vacate any order
3of possession or eviction order and dismiss the case. If the
4landlord refuses to provide the total amount due, the tenant
5may cure by making a good faith payment of the amount that the
6tenant believes to be due.
 
7    Section 35. Tenant remedies.
8    (a) If the landlord is not in material compliance with the
9rental agreement or with Section 30, the tenant may deliver a
10written notice to the landlord specifying the items of
11material noncompliance. The tenant may deliver this written
12notice at any time of month. The written notice shall indicate
13that the tenant will withhold rent on the next rent payment
14date if the landlord has not remedied the material
15noncompliance within 14 days after receipt of written notice.
16The tenant may withhold an amount of rent that reasonably
17reflects the reduced value of the premises. The tenant may not
18withhold for a condition caused by the deliberate or negligent
19act or omission of the tenant, a member of the tenant's family,
20or other person on the premises with the tenant's consent.
21    (b) If the landlord is not in material compliance with the
22rental agreement or with Section 30, the tenant may deliver a
23written notice to the landlord specifying the items of
24material noncompliance. The tenant may deliver this written
25notice at any time of month. The written notice shall indicate

 

 

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1that the tenant will terminate the rental agreement and vacate
2the property if the landlord has not remedied the material
3noncompliance within 14 days after receipt of written notice.
4The tenant may not terminate for a condition caused by the
5deliberate or negligent act or omission of the tenant, a
6member of the tenant's family, or other person on the premises
7with the tenant's consent. If the tenant does not vacate the
8property within one month after the expiration of the 14-day
9period or the end of the next rental period, whichever is
10longer, then the tenant's written notice shall be deemed
11withdrawn and the rental agreement shall remain in full force
12and effect. If the rental agreement is terminated, the
13landlord shall return the security deposit immediately upon
14the tenant tendering possession.
15    (c) If the landlord is not in material compliance with the
16rental agreement or with Section 30, the tenant may recover
17damages and obtain injunctive relief for any material
18noncompliance by the landlord with the rental agreement or
19with Section 30. The landlord shall have an affirmative
20defense to this action that the condition was caused by a
21deliberate or negligent act or omission of the tenant, a
22member of the tenant's family, or other person on the premises
23with the tenant's consent.
24    (d) A tenant has the following remedies for denial of
25essential services:
26        (1) If the landlord fails to supply heat, running

 

 

HB4104- 21 -LRB103 32587 LNS 62200 b

1    water, hot water, electricity, gas, or plumbing that the
2    rental agreement requires the landlord to provide, or
3    Internet access if the rental agreement requires the
4    landlord to provide Internet access, the tenant shall
5    deliver a written notice to the landlord specifying the
6    service to be restored. If the landlord fails to correct
7    the condition within 24 hours after being notified by the
8    tenant, the tenant may:
9            (A) withhold from the monthly rent an amount that
10        reasonably reflects the reduced value of the premises
11        due to the material noncompliance or failure;
12            (B) procure reasonable amounts of heat, running
13        water, hot water, electricity, gas, or plumbing
14        service and, upon presentation to the landlord of paid
15        receipts, deduct the cost from the tenant's rent;
16            (C) recover damages based upon the diminution in
17        the fair rental value of the dwelling unit and
18        reasonable attorney fees; or
19            (D) procure substitute housing and not pay rent
20        for the period of noncompliance. The tenant may
21        recover the cost of reasonable value of the substitute
22        housing up to an amount equal to the monthly rent and
23        reasonable fees.
24        (2) In addition to the remedy under paragraph (1), the
25    tenant may terminate the rental agreement by written
26    notice to the landlord if the landlord fails to supply

 

 

HB4104- 22 -LRB103 32587 LNS 62200 b

1    heat, running water, hot water, electricity, gas, or
2    plumbing that the rental agreement requires the landlord
3    to provide, or Internet access if the rental agreement
4    requires the landlord to provide Internet access, for more
5    than 72 hours after the tenant has notified the landlord.
6    If the rental agreement is terminated, the landlord shall
7    return all security deposits and the tenant shall deliver
8    possession of the dwelling unit to the landlord within 30
9    days after the expiration of the 72-hour time period
10    specified in the written notice or the end of the next
11    rental period, whichever is longer. The landlord shall
12    return the security deposit immediately upon the tenant
13    delivering possession. If the tenant does not vacate the
14    property within 30 days after the notification of
15    termination or the end of the next rental period,
16    whichever is longer, then the tenant's written notice
17    shall be deemed withdrawn and the rental agreement shall
18    remain in full force and effect.
19        (3) The tenant may not exercise the tenant's rights
20    under subsection (c) of Section 35 if the condition was
21    caused by the inability of a utility supplier or Internet
22    provider to provide service, unless the landlord caused
23    the inability of the utility supplier or Internet
24    provider, or by the deliberate or negligent act or
25    omission of the tenant, a member of the tenant's family,
26    or other person on the premises with the tenant's consent.

 

 

HB4104- 23 -LRB103 32587 LNS 62200 b

1    (e) A tenant has the following remedies if there is a fire
2or casualty:
3        (1) If the dwelling unit or premises is damaged or
4    destroyed by fire or casualty to an extent that the
5    dwelling unit or premises is in material noncompliance
6    with the rental agreement or with subsection (c) of
7    Section 35, the tenant may immediately vacate the premises
8    and notify the landlord in writing within 14 days after
9    vacating the premises of the tenant's intention to
10    terminate the rental agreement, in which case the rental
11    agreement terminates as of the date of fire or casualty.
12        (2) If continued occupancy is lawful, the tenant may
13    vacate any part of the dwelling unit rendered unusable by
14    the fire or casualty, in which case the tenant's liability
15    for rent is reduced in proportion to the diminution in the
16    fair rental value of the dwelling unit.
17        (3) If the tenant desires to continue the tenancy and
18    if the landlord has promised or begun work to repair the
19    damage or destruction but fails to carry out the work to
20    restore the dwelling unit or common area diligently and
21    within a reasonable time, the tenant may notify the
22    landlord in writing within 14 days after the tenant
23    becomes aware that work is not being carried out
24    diligently or within a reasonable time of the tenant's
25    intention to terminate the rental agreement, in which case
26    the rental agreement terminates as of the date of the fire

 

 

HB4104- 24 -LRB103 32587 LNS 62200 b

1    or casualty.
2        (4) If the rental agreement is terminated, the
3    landlord shall return the security deposit within 48
4    hours. When the landlord accounts for rent after the
5    tenant has terminated the rental agreement, the landlord
6    may not charge rent to the tenant for any date after the
7    date of the fire or casualty.
8        (5) A tenant may not exercise remedies in this
9    subsection if the fire or casualty damage was caused by
10    the deliberate or negligent act or omission of the tenant,
11    a member of the tenant's family, or a person on the
12    premises with the tenant's consent.
13    (f) A tenant may withhold rent to undertake minor repairs
14as follows:
15        (1) If the landlord is not in material compliance with
16    the rental agreement or with Section 30 and the reasonable
17    cost of compliance does not exceed $500 or one-half
18    month's rent, whichever amount is greater, the tenant may
19    notify the landlord in writing that, if the landlord does
20    not remedy the condition within 14 days after receipt of
21    the written notice or as promptly as conditions require in
22    case of emergency, the tenant will correct the condition
23    and withhold the cost of the repair from the tenant's next
24    rent payment. The tenant shall have work done in a
25    workmanlike manner. The tenant shall submit to the
26    landlord a paid bill from an appropriate tradesperson or

 

 

HB4104- 25 -LRB103 32587 LNS 62200 b

1    supplier at the same time as deducting the amount from the
2    tenant's rent. The tenant may not expend or deduct more
3    than the amount specified in this subsection.
4        (2) A tenant shall not repair at the landlord's
5    expense or deduct rent if the condition was caused by the
6    deliberate or negligent act or omission of the tenant, a
7    member of the tenant's family, or other person on the
8    premises with the tenant's permission.
9        (3) Before correcting a condition affecting facilities
10    shared by more than one dwelling unit, the tenant shall
11    notify all other affected tenants of the tenant's plans
12    and so arrange the work as to create the least practicable
13    inconvenience to the other tenants.
 
14    Section 40. Tenant obligations. The tenant shall:
15        (1) comply with all obligations imposed upon tenants
16    by law applicable to the dwelling unit;
17        (2) keep the part of the premises that the tenant
18    occupies and uses as safe as the condition of the premises
19    permits;
20        (3) dispose from the dwelling unit all ashes, rubbish,
21    garbage, and other waste in a clean and safe manner;
22        (4) keep all plumbing fixtures in the dwelling unit or
23    used by the tenant as clean as conditions permits;
24        (5) reasonably use all electrical, plumbing, sanitary,
25    heating, ventilating, air conditioning, and other

 

 

HB4104- 26 -LRB103 32587 LNS 62200 b

1    facilities and appliances, including elevators, in the
2    premises;
3        (6) not deliberately destroy, deface, damage, impair,
4    or remove any part of the premises or knowingly permit any
5    person to do so;
6        (7) not disturb the tenant's neighbors' peaceful
7    enjoyment of the premises; and
8        (8) unless otherwise agreed, only occupy the dwelling
9    unit as a dwelling unit.
 
10    Section 45. Landlord rights.
11    (a) In addition to any rights provided under federal and
12State law, a landlord has the rights specified in this
13Section.
14    (b) A landlord has the following rights of entry and
15restrictions on entry:
16        (1) A tenant shall not unreasonably withhold consent
17    to allow the landlord to enter the dwelling unit to:
18            (A) inspect the premises or conduct inspections
19        authorized or required by any governmental agency;
20            (B) make necessary or agreed repairs, decorations,
21        alterations, or improvements, including when work
22        elsewhere in the building requires access through the
23        tenant's premises;
24            (C) supply necessary or agreed upon services;
25            (D) exhibit the dwelling unit to prospective or

 

 

HB4104- 27 -LRB103 32587 LNS 62200 b

1        actual purchasers, mortgagees, workers, or
2        contractors;
3            (E) exhibit the dwelling unit to prospective
4        tenants 60 days or less prior to the expiration of the
5        existing rental agreement; or
6            (F) determine a tenant's compliance with
7        provisions in the rental agreement.
8        (2) The landlord may only enter at reasonable times,
9    except in case of an emergency. An entry between 8:00 a.m.
10    and 8:00 p.m. or at any other time expressly requested by
11    the tenant shall be presumed reasonable. The following
12    also apply to the landlord's entry:
13            (A) A landlord may enter the dwelling unit without
14        consent of the tenant in case of an emergency.
15            (B) The landlord shall not abuse the right of
16        access or use it to harass the tenant.
17            (C) Except in cases of an emergency, the landlord
18        shall give the tenant at least 2 days' written notice
19        of the landlord's intent to enter. The landlord shall
20        provide this written notice directly to each dwelling
21        unit by mail, telephone, or written notice or by other
22        reasonable means designed in good faith to provide
23        written notice to the tenant. If access is required
24        because of repair work for common facilities or
25        multiple apartments, a general written notice may be
26        given by the landlord to all potentially affected

 

 

HB4104- 28 -LRB103 32587 LNS 62200 b

1        tenants that entry may be required. When access is
2        authorized due to an emergency, the landlord shall
3        give the tenant written notice of entry within 2 days
4        after the entry.
5            (D) If the tenant refuses to allow lawful access,
6        the landlord may obtain injunctive relief to compel
7        access or terminate the rental agreement. In either
8        case, the landlord may recover damages and reasonable
9        attorney's fees.
10            (E) If the landlord makes an unlawful entry or
11        entry in an unreasonable manner, or makes repeated
12        unreasonable demands for entry that have the effect of
13        harassing the tenant, the tenant may obtain injunctive
14        relief to prevent the recurrence of the conduct or
15        terminate the rental agreement. In each case, the
16        tenant may recover an amount equal to one month's rent
17        or twice the damages sustained, whichever is greater,
18        and reasonable attorney's fees.
19    (c) A landlord has a right to adopt rules and regulations
20as follows:
21        (1) The landlord may adopt general rules or
22    regulations concerning the tenant's use and occupancy of
23    the premises. Rules and regulations are enforceable only
24    if in writing and if they are:
25            (A) made to promote the convenience, safety, and
26        welfare of the tenants in the premises, made to

 

 

HB4104- 29 -LRB103 32587 LNS 62200 b

1        preserve the landlord's property from abusive use, or
2        a fair distribution of services and facilities among
3        tenants;
4            (B) reasonably related to the purpose for which
5        they are adopted;
6            (C) applied fairly to all tenants in the premises;
7            (D) sufficiently clear to inform the tenant of
8        what the tenant must or must not do to comply;
9            (E) not for the purpose of evading the obligations
10        of the landlord; and
11            (F) not for the purpose of preventing tenants to
12        assemble or otherwise communicate with each other
13        about the premises.
14        (2) A rule or regulation adopted after the tenant
15    enters into the rental agreement that substantially
16    modifies the rental agreement is not enforceable unless
17    the tenant consents in writing.
 
18    Section 50. Landlord remedies.
19    (a) The landlord has the following remedies when the
20tenant fails to pay rent:
21        (1) If the tenant is not in material compliance with
22    the obligation to pay rent, the landlord may deliver to
23    the tenant a written notice of the landlord's intention to
24    terminate the rental agreement. The landlord shall serve
25    the written notice in compliance with State law. If the

 

 

HB4104- 30 -LRB103 32587 LNS 62200 b

1    tenant does not materially comply with the written notice
2    within 5 days after receipt, the landlord may file an
3    eviction action to terminate the rental agreement.
4        (2) Nothing in this subsection shall affect a
5    landlord's obligation to provide notice of termination of
6    tenancy in subsidized housing as required under federal
7    law or regulations.
8        (3) A landlord may also maintain an action for rent or
9    damages without terminating the rental agreement.
10    (b) If the landlord alleges that the tenant is not in
11material compliance with a rental agreement or the obligations
12in Section 40, the landlord may deliver written notice to the
13tenant specifying the acts and omissions constituting the
14alleged breach. The landlord shall serve the written notice in
15compliance with State law. The written notice may provide that
16the rental agreement will terminate upon a date no less than 10
17days after the date of the written notice. The tenant shall
18have the amount of time specified in the written notice to
19remedy any alleged breach by the tenant prior to the date of
20termination. If the breach is not remedied, the landlord may
21file an eviction to terminate the rental agreement, as
22provided in the written notice. The landlord may recover
23damages and obtain injunctive relief for any material
24noncompliance by the tenant with the rental agreement or the
25obligations in Section 40. If the landlord does not file an
26eviction action within 30 days after the notification of

 

 

HB4104- 31 -LRB103 32587 LNS 62200 b

1termination or the end of the next rental period, whichever is
2longer, then the landlord's written notice shall be deemed
3withdrawn and the rental agreement shall remain in full force
4and effect.
5    (c) The landlord has the right to determine abandonment of
6the dwelling unit and dispose of personal property. The
7landlord may determine that the tenant has abandoned the
8dwelling unit and personal property in the following
9circumstances:
10        (1) The tenant has provided written notice to the
11    landlord indicating the tenant's intention not to return
12    to the dwelling unit.
13        (2) All persons entitled under a rental agreement have
14    been absent from the dwelling unit for a period of 32 days,
15    or for one rental period when the rental agreement is for
16    less than a month, and the persons have removed their
17    personal property from the premises and rent for that
18    period is unpaid. However, if any person entitled to
19    occupancy provides the landlord with written notice
20    indicating that a tenant intends to occupy the dwelling
21    unit and make full payments of all amounts due to the
22    landlord, then the landlord may not determine that the
23    tenant has abandoned the property.
24        (3) If the tenant abandons the dwelling unit, the
25    landlord shall make a good faith effort to rent it at a
26    fair rental value. A good faith effort includes the

 

 

HB4104- 32 -LRB103 32587 LNS 62200 b

1    acceptance of reasonable subleases. If the landlord
2    succeeds in renting the dwelling unit at a fair rental
3    value, the tenant shall only be liable for the amount by
4    which the rent due from the date of abandonment to the
5    termination of the initial rental agreement exceeds the
6    fair rental value subsequently received by the landlord
7    from the date of abandonment to the termination of the
8    initial rental agreement. If the landlord makes a good
9    faith effort to rent the dwelling unit at a fair rental
10    value and is unsuccessful, the tenant shall be liable for
11    the rent due for the period of the rental agreement. The
12    tenant shall also be liable for reasonable advertising and
13    redecoration costs incurred by the landlord in re-renting
14    the dwelling unit.
15        (4) Unless otherwise agreed, if, upon termination of a
16    tenancy, including, but not limited to, a termination
17    after expiration of a lease or by surrender or abandonment
18    of the premises, a tenant has left personal property on
19    the premises, and the landlord reasonably believes that
20    the tenant has abandoned the personal property, the
21    landlord may dispose of the property according to the
22    following procedures:
23            (A) If the landlord in good faith reasonably
24        determines that the tenant has left personal property
25        that is valueless or of such little value that the cost
26        of storing and conducting a sale would probably exceed

 

 

HB4104- 33 -LRB103 32587 LNS 62200 b

1        the amount that would be realized from the sale, the
2        landlord shall retain the property either in the
3        dwelling unit or remove and store the abandoned
4        property from the dwelling unit and may dispose of the
5        property after 7 days. The landlord shall not be
6        required to provide written notice to the tenant of
7        the landlord's intent to dispose of property pursuant
8        to this subsection.
9            (B) If the landlord in good faith reasonably
10        determines that the tenant has left personal property
11        that has value, the landlord shall notify the tenant
12        in writing of the landlord's demand that the tenant
13        remove the property within dates set forth in the
14        written notice, but no less than 7 days after delivery
15        of the written notice. The landlord may deliver this
16        written notice by posting it in a prominent location
17        inside the dwelling unit or on the front door of the
18        dwelling unit or by electronic means if the parties
19        had previously communicated electronically.
20            (C) If the tenant does not remove the property
21        within the time specified, the landlord may sell the
22        property at a public sale or at a commercially
23        reasonable private sale. The landlord may retain the
24        proceeds of the sale to recover any rent owed by the
25        tenant to the landlord. If the proceeds, less
26        reasonable costs incurred by the sale or storage,

 

 

HB4104- 34 -LRB103 32587 LNS 62200 b

1        exceed any rent owed to the landlord, the landlord
2        shall retain the proceeds for one year. If the tenant
3        does not claim the proceeds within one year, the
4        proceeds shall be the property of the landlord.
5        (5) At any time that the landlord is storing personal
6    property pursuant to this subsection, the landlord shall
7    exercise reasonable care of the property, but shall not be
8    responsible to the tenant for any loss except for damage
9    caused by the landlord's deliberate or negligent act or
10    omission. The landlord may elect to store the property in
11    or about the previously vacated premises. The landlord
12    shall be entitled to the cost of storage for the period of
13    time that the property has remained in the landlord's
14    safekeeping. In this case, the storage shall not exceed
15    commercially reasonable storage rates. If the tenant's
16    property is removed to a commercial storage company, the
17    storage cost shall include the actual charge for the
18    storage and removal from the premises to the place of
19    storage.
20        (6) If the tenant timely responds in writing of the
21    tenant's intention to remove the personal property from
22    the premises and does not do so within the time period in
23    the landlord's written notice or a mutually agreeable
24    date, whichever is later, it is conclusively presumed that
25    they have abandoned the property.
26    (d) If the landlord accepts rent, including holding

 

 

HB4104- 35 -LRB103 32587 LNS 62200 b

1payment, knowing that the landlord alleges a lease violation,
2including a default in the payment of rent by the tenant, the
3landlord waives the right to terminate the rental agreement
4for that breach.
5    (e) If the rental agreement is terminated, the landlord
6may file a claim for possession or for rent and a separate
7claim for damages for breach of the rental agreement.
8    (f) No tenant shall be required to renew a rental
9agreement more than 60 days prior to the termination date of
10the rental agreement. If the landlord violates this
11subsection, the tenant shall recover one month's rent or
12actual damages, whichever is greater.
13    The landlord shall notify the tenant in writing at least
1460 days prior to the stated termination date of the rental
15agreement of the landlord's intent to terminate a
16month-to-month tenancy or not renew an existing rental
17agreement. If the landlord fails to give required written
18notice, the tenant may remain in the dwelling unit for up to
19120 days after the date on which the required written notice is
20given to the tenant, regardless of the date specified in the
21existing rental agreement. During the 120 days, the terms and
22conditions of the tenancy shall be the same as the terms and
23conditions during the last month of tenancy.
 
24    Section 55. Landlord obligations.
25    (a) The landlord shall maintain the premises in compliance

 

 

HB4104- 36 -LRB103 32587 LNS 62200 b

1with all applicable provisions of law, including subsection
2(c) of Section 30, and shall promptly make any and all repairs
3to fulfill this obligation.
4    (b) The landlord and tenant of any dwelling unit may agree
5that the tenant is to perform specified repairs, maintenance
6tasks, alterations, or remodeling only if:
7        (1) the agreement of the parties is entered into in
8    good faith and not for the purpose of evading obligations
9    of the landlord and is set forth in a separate writing
10    signed by the parties and supported by adequate
11    consideration; and
12        (2) the agreement does not diminish or affect the
13    obligation of the landlord to other tenants on the
14    premises.
15    (c) A landlord has the following obligations relating to
16providing a written notice concerning habitability:
17        (1) Before a tenant initially enters into or renews a
18    rental agreement for a dwelling unit, the landlord, or any
19    person authorized to enter into a rental agreement on the
20    landlord's behalf, shall disclose to the tenant in
21    writing:
22            (A) any code violations which have been cited by
23        the municipality or other oversight body during the
24        previous 12 months for the dwelling unit and common
25        areas and provide written notice of the pendency of
26        any code enforcement litigation or administrative

 

 

HB4104- 37 -LRB103 32587 LNS 62200 b

1        hearing. The written notice shall provide the case
2        number of the litigation or the identification number
3        of the administrative hearing proceeding and a listing
4        of any code violations cited; and
5            (B) any notice of intent by the municipality or
6        any utility provider to terminate water, gas,
7        electrical, or other utility service to the dwelling
8        unit or common areas. The disclosure shall state the
9        type of service being terminated, the intended date of
10        termination, and whether the termination will affect
11        the dwelling unit, common areas, or both.
12        (2) If the landlord fails to comply with this
13    subsection, the tenant may terminate the rental agreement
14    by written notice. The written notice shall specify the
15    date of termination no later than 30 days after the date of
16    written notice. In addition, if a tenant, in a civil
17    proceeding against an owner or landlord, establishes that
18    the landlord has violated this subsection, the tenant
19    shall be entitled to recover one month's rent or actual
20    damages, whichever is greater, and reasonable attorney's
21    fees.
22    (d) A landlord has the following obligations to maintain
23the premises free from bedbugs:
24        (1) Landlords subject to this Section must provide to
25    all prospective and current lessees with a copy of the
26    current, approved United States Environmental Protection

 

 

HB4104- 38 -LRB103 32587 LNS 62200 b

1    Agency pamphlet on bedbug prevention, detection, and
2    control.
3        (2) In any rental dwelling unit in which an
4    infestation of bedbugs is found or reasonably suspected,
5    it is the responsibility of the landlord to:
6            (A) provide pest control services by a pest
7        management professional licensed under the Structural
8        Pest Control Act until no evidence of bedbugs can be
9        found; and
10            (B) maintain a written record of the pest control
11        measures performed by the licensed pest management
12        professional on the rental dwelling unit. The record
13        shall include reports and receipts prepared by the
14        licensed pest management professional. The record
15        shall be maintained for 3 years and shall be open to
16        inspection by authorized local personnel, including,
17        but not limited to, employees of the departments of
18        health and buildings.
19        (3) In any rental multiple dwelling unit building in
20    which an infestation of bedbugs is found or reasonably
21    suspected, it is the responsibility of the landlord to:
22            (A) provide pest control services by a licensed
23        pest management professional until no evidence of
24        bedbugs can be found within the building or portion of
25        the building, including the individual rental dwelling
26        units; and

 

 

HB4104- 39 -LRB103 32587 LNS 62200 b

1            (B) maintain a written record of the pest control
2        measures performed by the licensed pest management
3        professional on the building. The record shall include
4        reports and receipts prepared by the pest management
5        professional. The record shall be maintained for 3
6        years and shall be open to inspection by authorized
7        local personnel, including, but not limited to,
8        employees of the departments of health and buildings.
9        (4) A landlord shall provide the pest control services
10    within 10 days after:
11            (A) a bedbug is found or reasonably suspected
12        anywhere on the premises; or
13            (B) being notified in writing by a tenant of a
14        known or reasonably suspected bedbug infestation on
15        the premises or in the tenant's rental dwelling unit.
16        (5) The extermination of bedbugs shall be by
17    inspection and treatment, and if necessary, the inspection
18    and treatment of the dwelling unit on either side of the
19    affected dwelling unit and the dwelling unit directly
20    above and below the affected dwelling unit. This pattern
21    of inspection and treatment shall be continued until no
22    further infestation is detected.
23        (6) The tenant shall notify the landlord in writing of
24    any bedbug detection within 48 hours after noticing the
25    presence of any bedbugs.
26        (7) If the landlord fails to notify the tenant of the

 

 

HB4104- 40 -LRB103 32587 LNS 62200 b

1    intention to comply with this subsection after receipt of
2    written notice, the tenant may terminate the rental
3    agreement by written notice. However, the tenant may
4    exercise the right to terminate the rental agreement only
5    if the tenant first gives the landlord written notice of
6    the landlord's breach of this Section and the landlord
7    does not remedy the breach within 2 business days after
8    the tenant delivered the written notice of breach. The
9    written notice that the tenant intends to terminate the
10    rental agreement shall specify the date of termination no
11    later than 30 days after the date of written notice. The
12    written notices required by this Section may be delivered
13    electronically if the parties have previously communicated
14    electronically. In addition, if a tenant in a civil
15    proceeding against an owner or landlord establishes that a
16    violation of this Section has occurred, the tenant shall
17    recover one month's rent or actual damages, whichever is
18    greater, and reasonable attorney's fees. The tenant does
19    not have this remedy if the tenant unreasonably refused to
20    cooperate with or unreasonably delayed the extermination
21    process.
22    (e) The landlord has an obligation to disclose lead
23hazards as follows:
24        (1) The landlord must follow all applicable local,
25    State, and federal regulations regarding the presence of
26    lead and must specifically:

 

 

HB4104- 41 -LRB103 32587 LNS 62200 b

1            (A) provide all prospective and current lessees
2        with a copy of the current, approved United States
3        Environmental Protection Agency pamphlet on lead-based
4        paint disclosure; and
5            (B) disclose any known lead hazards.
6        (2) If the landlord fails to comply with paragraph (1)
7    after receipt of a written notice of the landlord's
8    failure, the tenant shall recover one month's rent or
9    actual damages, whichever is greater, and reasonable
10    attorney's fees.
11    (f) The landlord has an obligation to disclose information
12about ownership, management, and agents as follows:
13        (1) The landlord or any person authorized to enter
14    into a rental agreement on the landlord's behalf shall
15    disclose to the tenant in writing, on or before the
16    commencement of tenancy, the name, address, and telephone
17    number of:
18            (A) the owner or person authorized to manage the
19        premises; and
20            (B) a person authorized to act for or on the behalf
21        of the owner for the purpose of service of process and
22        for the purpose of receiving of notices and demands.
23        (2) A person who fails to comply with this subsection
24    becomes an agent of each person who is a landlord for the
25    purpose of:
26            (A) service of process and receiving of notices

 

 

HB4104- 42 -LRB103 32587 LNS 62200 b

1        and demands; and
2            (B) performing the obligations of the landlord
3        under this Section and under the rental agreement and
4        expending or making available for that purpose all
5        rent collected from the premises.
6        (3) The information required to be furnished by this
7    Section shall be kept current.
8        (4) This Section extends to any successor landlord,
9    owner, or manager.
10        (5) If the landlord fails to comply with this
11    subsection after receipt of a written notice of the
12    landlord's failure, the tenant may terminate the rental
13    agreement by written notice. However, the tenant may
14    exercise the right to terminate the rental agreement only
15    if the tenant first gives the landlord written notice of
16    the landlord's breach of this Section and the landlord
17    does not remedy the breach within 2 business days after
18    the tenant delivered the written notice of breach. The
19    written notice that the tenant intends to terminate the
20    rental agreement shall specify the date of termination no
21    later than 30 days after the date of written notice. The
22    written notices required by this Section may be delivered
23    electronically if the parties have previously communicated
24    electronically. In addition, if a tenant in a legal
25    proceeding against an owner or landlord establishes that a
26    violation of this Section has occurred, the tenant shall

 

 

HB4104- 43 -LRB103 32587 LNS 62200 b

1    recover $200 in damages in addition to any other damages,
2    attorney's fees, or remedies to which the tenant may also
3    be entitled.
4    (g) The landlord has an obligation to disclose foreclosure
5as follows:
6        (1) Within 7 days after being served a foreclosure
7    complaint, an owner or landlord of property that is
8    subject to the foreclosure complaint shall disclose, in
9    writing, to all tenants of the property that a foreclosure
10    action has been filed against the owner or landlord. An
11    owner or landlord shall also disclose, in writing, the
12    notice of a foreclosure to any other third party who has a
13    consistent pattern and practice of paying rent to the
14    owner or landlord on behalf of a tenant.
15        (2) Before a tenant initially enters into a rental
16    agreement for a dwelling unit, the owner or landlord shall
17    also disclose, in writing, that the owner or landlord is
18    named in a foreclosure complaint.
19        (3) The written disclosure shall include the court in
20    which the foreclosure action is pending, the case name,
21    and the case number and shall include the following
22    language:
23        "This is not a notice to vacate the premises. This
24    notice does not mean ownership of the building has
25    changed. All tenants are still responsible for payment of
26    rent and other obligations under the rental agreement. The

 

 

HB4104- 44 -LRB103 32587 LNS 62200 b

1    owner or landlord is still responsible for the owner's or
2    landlord's obligations under the rental agreement. You
3    shall receive additional notice if there is a change in
4    ownership.".
5        (4) If the owner or landlord fails to comply with this
6    subsection, the tenant may terminate the rental agreement
7    by written notice. The written notice shall specify the
8    date of termination no later than 30 days after the date of
9    written notice. In addition, if a tenant in a civil
10    proceeding against an owner or landlord establishes that a
11    violation of this Section has occurred, the tenant shall
12    recover $200 in damages in addition to any other damages,
13    attorney's fees, or remedies to which the tenant may also
14    be entitled.
15    (h) The liability of a landlord or manager is limited as
16follows:
17        (1) Unless otherwise agreed upon, a landlord who sells
18    the premises is relieved of liability under the agreement
19    and this Section for events occurring after the conveyance
20    and occurring after written notice to the tenant of the
21    sale.
22        (2) Unless otherwise agreed, the manager of the
23    premises is relieved of liability under the rental
24    agreement and this Section for events occurring after
25    written notice to the tenant of the termination of the
26    manager's management.

 

 

HB4104- 45 -LRB103 32587 LNS 62200 b

1    (i) If the landlord fails to comply with the landlord's
2duties under Section 75, the tenant may terminate the rental
3agreement by written notice. However, the tenant may exercise
4the right to terminate the rental agreement only if the tenant
5first gives the landlord a written notice of the landlord's
6breach of Section 75 that also provides notice that the
7landlord must remedy the breach within 2 business days after
8the tenant delivered the written notice of breach. The written
9notice that the tenant intends to terminate the rental
10agreement shall specify the date of termination no later than
1130 days after the date of written notice. The written notices
12required by this subsection may be delivered electronically if
13the parties have previously communicated electronically. In
14addition, if a tenant in a civil proceeding against an owner or
15landlord establishes that the landlord has violated Section 75
16and failed to remedy the breach within 2 business days after
17the date the tenant delivered written notice of the breach,
18the tenant shall recover $200 in damages in addition to any
19other damages, attorney's fees, or remedies to which the
20tenant may also be entitled.
 
21    Section 60. Security deposits.
22    (a) A landlord may not demand or receive a security
23deposit in an amount in excess of one and one-half months'
24rent. A landlord may not avoid the coverage of this subsection
25by labeling the fee or charge as anything other than a security

 

 

HB4104- 46 -LRB103 32587 LNS 62200 b

1deposit.
2    (b) A tenant shall pay the landlord, at the time the tenant
3moves into the premises or at any other time mutually agreed
4upon by the parties, the amount of the security required by the
5landlord. Any portion in excess of one month's rent, at the
6election of the tenant, shall be paid either at the time the
7tenant pays the initial security deposit, or shall be paid in
8no more than 6 equal installments no later than 6 months after
9the effective date of the lease.
10    (c) Upon termination of the tenancy, property or money
11held by the landlord as a security deposit shall be returned to
12the tenant within 30 days after the tenant has vacated the
13tenant's dwelling, except the landlord or successor landlord
14may deduct from the security deposit the following:
15        (1) any unpaid rent that has not been validly withheld
16    or deducted pursuant to law and any courts costs (but not
17    attorney's fees) awarded by a court in a case that has not
18    been subsequently settled; or
19        (2) any reasonable amount necessary to repair any
20    damage caused to the premises by the tenant, or any person
21    under the tenant's control or on the premises with the
22    tenant's consent, reasonable wear and tear excluded. If
23    the tenant caused damage to the premises, the landlord
24    shall deliver or mail to the last known address of the
25    tenant, within 30 days, an itemized statement of the
26    damages allegedly caused to the premises and the estimated

 

 

HB4104- 47 -LRB103 32587 LNS 62200 b

1    or actual cost for repairing or replacing each item on
2    that statement, attaching copies of the paid receipts for
3    the repair or replacement. If estimated cost is given, the
4    landlord shall furnish the tenant with copies of paid
5    receipts, or a certification of actual costs of repairs of
6    damage if the work was performed by the landlord's
7    employees, within 30 days after the date the statement
8    showing estimated costs was furnished to the tenant.
9    (d) A landlord shall hold all security deposits in a
10federally insured account in a bank, savings and loan
11association, or other financial institution located in the
12State. A security deposit shall continue to be the property of
13the tenant making the deposit, shall not be commingled with
14the assets of the landlord, and shall not be subject to the
15claims of a creditor of the landlord or of the landlord's
16successors in interest, including a foreclosing mortgagee or
17trustee in bankruptcy.
18    (e) Notwithstanding any other provision in this Section, a
19landlord may accept the payment of the first month's rent and
20security deposit in one check or one electronic funds transfer
21and deposit the check or electronic funds transfer into one
22account if, within 7 business days after acceptance of the
23check or electronic funds transfer, the landlord transfers the
24amount of the security deposit into a separate account that
25complies with this Section.
26    (f) The landlord shall clearly and conspicuously disclose

 

 

HB4104- 48 -LRB103 32587 LNS 62200 b

1the name of the financial institution where the landlord has
2deposited the security deposit in the written rental agreement
3signed by the tenant.
4    (g) If, during the pendency of the rental agreement, the
5landlord transfers the security deposit from one financial
6institution to another, the landlord shall notify the tenant
7in writing of the name of the new financial institution within
814 days after the transfer or within a reasonable time, given
9all circumstances.
10    (h) A landlord who receives a security deposit from a
11tenant shall give a receipt indicating the amount of the
12security deposit, the name of the person receiving it, and, in
13the case of the agent, the name of the landlord for whom the
14security deposit is received, the date on which it is
15received, and a description of the dwelling unit. The receipt
16shall be signed by the person receiving the security deposit.
17Failure to comply with this subsection entitles the tenant to
18immediate return of the security deposit.
19    (i) Upon payment of the security deposit by means of an
20electronic funds transfer, the landlord shall give the tenant
21a receipt or an electronic receipt that acknowledges the
22receipt of the security deposit, a description of the dwelling
23unit, and an electronic or digital signature of the person
24receiving the deposit.
25    (j) If a landlord who has received a security deposit
26sells, leases, or transfers ownership or otherwise transfers

 

 

HB4104- 49 -LRB103 32587 LNS 62200 b

1control or other direct or indirect disposition of residential
2real property, the successor landlord of the property shall be
3liable to that tenant for any security deposit that has been
4paid to the transferor.
5    (k) The transferor shall remain jointly and severally
6liable with the successor landlord to the tenant for the
7security deposit unless and until this transferor transfers
8the security deposit to the successor landlord and provides
9written notice to the tenant of the transfer, specifying the
10name, business address, and business telephone number of the
11successor landlord or the landlord's agent within 10 days
12after the transfer.
13    (l) Within 14 days after the date of the transfer, the
14successor landlord shall notify the tenant, in writing, that
15the security deposit was transferred to the successor landlord
16and that the successor landlord is holding the security
17deposit. This written notice shall also contain the name,
18business address, and business telephone number of the
19successor landlord or the successor landlord's agent.
20    (m) If the landlord fails to comply with this Section, the
21tenant has a right to seek damages as follows:
22        (1) If the landlord fails to comply with subsection
23    (a), (b), or (c), the tenant shall be awarded damages in an
24    amount equal to 2 times the security deposit and
25    reasonable attorney's fees. This Section does not preclude
26    the landlord or tenant from recovering other damages to

 

 

HB4104- 50 -LRB103 32587 LNS 62200 b

1    which the landlord or tenant may be entitled under this
2    Section.
3        (2) If the landlord fails to comply with one or more of
4    the administrative requirements under subsections (d)
5    through (l), the tenant may notify the landlord of the
6    landlord's failure to comply with this Section by written
7    notice. Within 2 business days after the receipt of the
8    tenant's written notice, the landlord shall remedy and
9    provide the administrative requirements as described in
10    subsections (d) through (l). The written notices required
11    by this paragraph may be delivered electronically if the
12    parties have previously communicated electronically. The
13    written notice from the tenant to the landlord must
14    include that there has been a breach of the rental
15    agreement and that the landlord must remedy the breach
16    within 2 business days after the tenant delivered the
17    written notice or face damages. If the landlord fails to
18    remedy within 2 business days, the tenant shall be awarded
19    damages in an amount equal to 2 times the security deposit
20    and reasonable attorney fees. This subsection does not
21    preclude the landlord or tenant from recovering other
22    damages to which the landlord or tenant may be entitled
23    under this Section.
 
24    Section 65. Retaliatory conduct.
25    (a) Except as provided for in this Section, a landlord may

 

 

HB4104- 51 -LRB103 32587 LNS 62200 b

1not retaliate by increasing rent or decreasing services, by
2bringing or threatening to bring action for possession, or by
3refusing to renew a rental agreement because the tenant has in
4good faith done any of the following:
5        (1) complained of code violations to a governmental
6    agency, elected representative, or public official charged
7    with responsibility for enforcement of a building,
8    housing, health, or similar code;
9        (2) complained of a building, housing, health, or
10    similar code violation or an illegal landlord practice to
11    a community organization or the news media;
12        (3) sought the assistance of a community organization,
13    including a legal aid organization, or the news media to
14    remedy a code violation or illegal landlord practice;
15        (4) requested the landlord make repairs to the
16    premises as required by a building code, health ordinance,
17    other regulation, or the residential rental agreement;
18        (5) organized or became a member of a tenant union or
19    similar organization;
20        (6) testified in any court or administrative
21    proceeding concerning the condition of the premises; or
22        (7) exercised any right or remedy provided by law.
23    (b) If the landlord violates this Section, the tenant has
24a cause of action against the landlord or a defense in any
25retaliatory action against the tenant and is entitled to the
26following remedies:

 

 

HB4104- 52 -LRB103 32587 LNS 62200 b

1        (1) If the landlord attempts to terminate the rental
2    agreement, the tenant may retain possession by raising
3    this Section as a defense. If the tenant prevails on this
4    defense, the tenant shall recover an amount equal to not
5    more than 2 months' rent or twice the damages sustained by
6    the tenant, whichever is greater, and reasonable
7    attorney's fees.
8        (2) The tenant may terminate the rental agreement and
9    vacate the property by giving the landlord written notice
10    of the tenant's intent to terminate the rental agreement.
11    If the tenant does not vacate the property within one
12    month after giving written notice, or the end of the next
13    rental period, whichever is longer, then the tenant's
14    written notice shall be deemed withdrawn and the rental
15    agreement remains in full force and effect. If the rental
16    agreement is terminated, the landlord shall return the
17    security deposit within 3 days after the tenant tenders
18    possession.
19        (3) If the tenant files a cause of action against the
20    landlord, the tenant shall recover an amount equal to not
21    more than 2 months' rent or twice the damages sustained by
22    the tenant, whichever is greater, and reasonable
23    attorney's fees.
24    (c) In an action by or against the tenant, if the tenant
25presents evidence of a complaint within one year prior to the
26alleged act of retaliation, the court shall presume that the

 

 

HB4104- 53 -LRB103 32587 LNS 62200 b

1landlord's conduct is retaliatory. The landlord may rebut the
2presumption of retaliation by proving a legitimate,
3nonretaliatory basis for the conduct.
4    (d) The presumption shall not arise if the tenant made the
5complaint after written notice of a proposed rent increase.
6    (e) A landlord's behavior shall not be considered
7retaliatory if any code violation was caused primarily by the
8lack of care of the tenant, a member of the tenant's family, or
9other person on the premises with the tenant's consent.
 
10    Section 70. Prohibition against lockouts.
11    (a) The landlord, or any person acting at the direction of
12the landlord, may not oust or dispossess, or threaten or
13attempt to oust or dispossess, any tenant from a dwelling unit
14without authority of law by plugging, changing, adding, or
15removing any lock or latching device; by blocking any entrance
16into the dwelling unit; by removing any door or window from the
17dwelling unit; by interfering with the services to the
18dwelling unit, including, but not limited to, electricity,
19gas, hot or cold water, plumbing, heat, telephone service, or
20Internet; by removing a tenant's personal property from the
21dwelling unit; by the removal or incapacitating of appliances
22or fixtures, except for the purpose of making necessary
23repairs; by the use or threat of force, violence, or injury to
24a tenant's person or property; or by any act rendering a
25dwelling unit or any part of the dwelling unit inaccessible or

 

 

HB4104- 54 -LRB103 32587 LNS 62200 b

1uninhabitable or any personal property located in the dwelling
2unit inaccessible. This subsection does not apply if:
3        (1) a landlord acts in compliance with the eviction
4    laws of Illinois pertaining to eviction and engages the
5    sheriff or other lawfully deputized officer to forcibly
6    evict a tenant or the tenant's personal property;
7        (2) a landlord interferes temporarily with possession
8    only as necessary to make needed repairs or inspection and
9    only as provided by law;
10        (3) the landlord acts in compliance with Part 3 of
11    Article IX of the Code of Civil Procedure for the removal
12    of personal property; or
13        (4) the tenant has abandoned the dwelling unit under
14    paragraph (2) of subsection (b) of Section 50.
15    (b) If a tenant, in a civil proceeding against the
16landlord, establishes that the landlord has violated Section
1770, the tenant may recover possession of the dwelling unit and
18personal property. In addition, the tenant shall recover an
19amount equal to not more than 2 months' rent or twice the
20actual damages sustained by the tenant, whichever is greater,
21and reasonable attorney's fees.
 
22    Section 75. Summary attachment to rental agreement.
23    (a) The Attorney General shall create a summary of this
24Act that describes the respective rights, obligations, and
25remedies of landlords and tenants under this Act, and the

 

 

HB4104- 55 -LRB103 32587 LNS 62200 b

1Attorney General shall make the summary available for public
2inspection and copying. A copy of the summary shall be made
3available in multiple languages on the Office of the Attorney
4General's website. A copy of the summary shall be attached to
5each written rental agreement when the agreement is initially
6offered to any tenant or prospective tenant by or on behalf of
7a landlord and whether the agreement is for rental or renewal
8of the agreement.
9    (b) If the landlord acts in violation of this Section, the
10tenant may terminate the rental agreement by written notice
11under subsection (i) of Section 55.
 
12    Section 80. Conflict with the Mobile Home Landlord and
13Tenant Rights Act. Where a dwelling unit is also governed by
14the Mobile Home Landlord and Tenant Rights Act, this Act shall
15augment and not replace the rights of both landlords and
16tenants under that Act. Where there is a direct conflict
17between the provisions of this Act and that Act, this Act shall
18take precedence except for the following Sections of that Act,
19which shall remain as the governing provisions: Section 6,
20Section 8, and Section 9.5.
 
21    Section 85. Prohibition of waiver. The provisions of this
22Act may not be waived, and any term of any rental agreement,
23contract, or other agreement that purports to waive or limit a
24tenant's substantive or procedural rights under this Act is

 

 

HB4104- 56 -LRB103 32587 LNS 62200 b

1contrary to public policy, void, and unenforceable.
 
2    Section 90. Cumulative rights, obligations, and remedies.
3The rights, obligations, and remedies set forth in this Act
4shall be cumulative and in addition to any others available at
5law or in equity.
 
6    Section 900. The Rent Control Preemption Act is amended by
7changing Sections 5, 6, and 10 as follows:
 
8    (50 ILCS 825/5)
9    Sec. 5. Rent control prohibited; exceptions.
10    (a) A unit of local government, as defined in Section 1 of
11Article VII of the Illinois Constitution, shall not enact,
12maintain, or enforce an ordinance or resolution that would
13have the effect of controlling the amount of rent charged for
14leasing private residential or commercial property.
15    (b) This Act does not impair the right of a unit of local
16government to manage and control residential property in which
17the unit of local government has a property interest.
18    (c) The prohibition in subsection (a) does not apply if
19voters of a unit of local government have approved a
20referendum under Section 6.
21(Source: P.A. 90-313, eff. 8-1-97.)
 
22    (50 ILCS 825/6 new)

 

 

HB4104- 57 -LRB103 32587 LNS 62200 b

1    Sec. 6. Rent control regulation.
2    (a) Legal voters of a unit of local government may, by
3petition, propose a referendum to determine whether the unit
4of local government shall no longer be prohibited from
5enacting, maintaining, or enforcing an ordinance or resolution
6that would have the effect of controlling the amount of rent
7charged for leasing private residential or commercial
8property. The petition shall, at least 104 days before an
9election, be filed in the office of the clerk of the unit of
10local government and contain signatures of not less than 8% of
11the total votes cast for candidates for Governor in the
12preceding gubernatorial election by the registered voters of
13the unit of local government. The referendum shall
14substantially be in the following form: "Shall (unit of local
15government) be permitted to enact, maintain, or enforce an
16ordinance or resolution that would have the effect of
17controlling the amount of rent charged for leasing private
18residential or commercial property?". The referendum shall be
19submitted to the voters of the unit of local government at the
20next election at which the referendum may be voted upon.
21    (b) Legal voters of a district, precinct, ward, or other
22similar subdivision of a unit of local government may, by
23petition, propose a referendum to determine whether the unit
24of local government shall no longer be prohibited from
25enacting, maintaining, or enforcing an ordinance or resolution
26that would have the effect of controlling the amount of rent

 

 

HB4104- 58 -LRB103 32587 LNS 62200 b

1charged for leasing private residential or commercial property
2within that district, precinct, ward, or similar subdivision.
3The petition shall, at least 104 days before an election, be
4filed in the office of the clerk of the unit of local
5government and contain the signatures of not less than 16% of
6the legal voters registered with the board of election
7commissioners or county clerk, as the case may be, from the
8district, precinct, ward, or similar subdivision. The
9referendum shall substantially be in the following form:
10"Shall (unit of local government) be permitted to enact,
11maintain, or enforce an ordinance or resolution that would
12have the effect of controlling the amount of rent charged for
13leasing private residential or commercial property within
14(district, precinct, ward, or other similar subdivision)?".
15The referendum shall be submitted to the voters of the
16district, precinct, ward, or other similar subdivision of the
17unit of local government at the next election at which the
18referendum may be voted upon.
19    (c) The referendum shall be submitted to the voters under
20subsection (a) or (b) when the petition has been filed in
21proper form with the clerk. If more than one set of petitions
22are presented to the clerk for submission at the same
23election, the petition presented first shall be given
24preference; however, the clerk shall provisionally accept any
25other set of petitions set forth the same (or substantially
26the same) referendum. If the first set of petitions for a

 

 

HB4104- 59 -LRB103 32587 LNS 62200 b

1referendum is found to be in proper form and is not found to be
2invalid, it shall be accepted by the clerk and all
3provisionally accepted sets of petitions setting for the same
4(or substantially the same) referendum shall be rejected by
5the clerk. If the first set of petitions for a referendum is
6found not to be in proper form or is found to be invalid, the
7clerk shall (i) reject the first set of petitions, (ii) accept
8the first provisionally accepted set of petitions that is in
9proper form and is not found to be invalid, and (iii) reject
10all other provisionally accepted sets of petitions setting
11forth the same (or substantially the same) referendum. Notice
12of the filing of the petition and the result of the election
13shall be given to the Secretary of State. A return of the
14result of the election shall be made to the clerk of the unit
15of local government. If a majority of voters voting upon the
16referendum vote "YES", the unit of local government shall be
17exempt from subsection (a) of Section 5 either for the entire
18unit or for the district, precinct, ward, or similar
19subdivision stated in the referendum.
20    (d) If a unit of local government chooses to adopt an
21ordinance or resolution, or enforce an existing ordinance,
22under this Section that would have the effect of controlling
23the amount of rent charged for leasing private residential or
24commercial property, it may also take measures to address the
25economic impact of the ordinance or resolution upon
26owner-occupied residential properties of 6 or fewer units.
 

 

 

HB4104- 60 -LRB103 32587 LNS 62200 b

1    (50 ILCS 825/10)
2    Sec. 10. Home rule preemption.
3    (a) A home rule unit may not regulate the rental of
4residential dwelling units in a manner that is inconsistent
5with, diminishes, or undermines the protections of this Act.
6This subsection is a limitation of home rule powers and
7functions under subsection (i) of Section 6 of Article VII of
8the Illinois Constitution. A home rule unit may not regulate
9or control the amount of rent charged for leasing private
10residential or commercial property. This Section is a denial
11and limitation of home rule powers and functions under
12subsection (g) of Section 6 of Article VII of the Illinois
13Constitution.
14    (b) Notwithstanding subsection (a), a home rule unit may
15augment the protections of this Act or establish additional
16rights, obligations, or remedies through its concurrent
17exercise of home rule power.
18(Source: P.A. 90-313, eff. 8-1-97.)
 
19    (765 ILCS 720/Act rep.)
20    Section 905. The Retaliatory Eviction Act is repealed.
 
21    Section 910. The Mobile Home Landlord and Tenant Rights
22Act is amended by changing Section 18 as follows:
 

 

 

HB4104- 61 -LRB103 32587 LNS 62200 b

1    (765 ILCS 745/18)  (from Ch. 80, par. 218)
2    Sec. 18. Security deposit; Interest. Security deposits and
3interest under this Act are governed by Section 60 of the Let
4the People Lift the Ban Act.
5    (a) If the lease requires the tenant to provide any
6deposit with the park owner for the term of the lease, or any
7part thereof, said deposit shall be considered a Security
8Deposit. Security Deposits shall be returned in full to the
9tenant, provided that the tenant has paid all rent due in full
10for the term of the lease and has caused no actual damage to
11the premises.
12    The park owner shall furnish the tenant, within 15 days
13after termination or expiration of the lease, an itemized list
14of the damages incurred upon the premises and the estimated
15cost for the repair of each item. The tenant's failure to
16object to the itemized list within 15 days shall constitute an
17agreement upon the amount of damages specified therein. The
18park owner's failure to furnish such itemized list of damages
19shall constitute an agreement that no damages have been
20incurred upon the premises and the entire security deposit
21shall become immediately due and owing to the tenant.
22    The tenant's failure to furnish the park owner a
23forwarding address shall excuse the park owner from furnishing
24the list required by this Section.
25    (b) A park owner of any park regularly containing 25 or
26more mobile homes shall pay interest to the tenant, on any

 

 

HB4104- 62 -LRB103 32587 LNS 62200 b

1deposit held by the park owner, computed from the date of the
2deposit at a rate equal to the interest paid by the largest
3commercial bank, as measured by total assets, having its main
4banking premises in this State on minimum deposit passbook
5savings accounts as of December 31 of the preceding year on any
6such deposit held by the park owner for more than 6 months.
7However, in the event that any portion of the amount deposited
8is utilized during the period for which it is deposited in
9order to compensate the owner for non-payment of rent or to
10make a good faith reimbursement to the owner for damage caused
11by the tenant, the principal on which the interest accrues may
12be recomputed to reflect the reduction for the period
13commencing on the first day of the calendar month following
14the reduction.
15    The park owner shall, within 30 days after the end of each
1612-month period, pay to the tenant any interest owed under
17this Section in cash, provided, however, that the amount owed
18may be applied to rent due if the owner and tenant agree
19thereto.
20    A park owner who willfully fails or refuses to pay the
21interest required by this Act shall, upon a finding by a
22circuit court that he willfully failed or refused to pay, be
23liable for an amount equal to the amount of the security
24deposit, together with court costs and a reasonable attorney's
25fee.
26    (c) A park owner, as landlord, shall hold in trust all

 

 

HB4104- 63 -LRB103 32587 LNS 62200 b

1security deposits received from a tenant in one or more banks,
2savings banks, or credit unions, the accounts of which are
3insured by the Federal Deposit Insurance Corporation, the
4National Credit Union Administration Share Insurance Fund, or
5other applicable entity under law. A security deposit and the
6interest due under subsection (b) of this Section is the
7property of the tenant until the deposit is returned to the
8tenant or used to compensate, or applied to the tenant's
9obligations to, the park owner, as landlord, in accordance
10with the lease or applicable State and local law. The security
11deposit shall not be commingled with the assets of the park
12owner, and shall not be subject to the claims of any creditor
13of the park owner or any party claiming an interest in the
14deposit through the park owner, including a foreclosing
15mortgagee or trustee in bankruptcy; provided that this
16subsection does not prevent a foreclosing mortgagee, receiver,
17or trustee from taking over control of the applicable bank
18account holding the security deposits, which may include
19moving the security deposits to another bank account meeting
20the requirements of this Section, provided that the mortgagee,
21receiver, or trustee:
22        (1) shall continue to hold the security deposits in
23    trust as provided in, and subject to, the provisions of
24    this Section; and
25        (2) is entitled to use a security deposit to
26    compensate, and apply a security deposit to discharge the

 

 

HB4104- 64 -LRB103 32587 LNS 62200 b

1    obligations of the tenant to, the park owner as permitted
2    by the lease or applicable State and local law.
3(Source: P.A. 98-1062, eff. 1-1-15.)
 
4    Section 999. Effective date. This Act takes effect upon
5becoming law.