103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5165

 

Introduced 2/9/2024, by Rep. Kevin John Olickal

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-205  from Ch. 110, par. 9-205
735 ILCS 5/9-207  from Ch. 110, par. 9-207
735 ILCS 5/9-213  from Ch. 110, par. 9-213
765 ILCS 705/25 new
765 ILCS 705/30 new

    Amends the Code of Civil Procedure. Changes the notice requirements in the Eviction Article for terminating tenancy. Deletes the current requirement that a notice to terminate tenancy from year to year may be given at any time within the last 4 months preceding the last 60 days of the year. Deletes the provisions that the tenant is required to surrender possession and no notice to quit or demand of possession is necessary if the tenancy is for a certain period and the term expires by the terms of the lease. Creates requirements for notice of termination of a residential lease. For any residential tenancy of less than 6 months, the landlord shall notify the tenant in writing at least 30 days before the stated termination date of the rental agreement of the landlord's intent to terminate a periodic tenancy, not renew a fixed-term rental agreement, or increase the rental rate. Provides that, if the landlord fails to give the required written notice, the tenant may remain in the dwelling unit for up to 60 days after the date on which written notice is given to the tenant. Provides that during this occupancy, the terms and conditions of the tenancy remain the same unless rent was waived or abated in the preceding month or months as part of the original rental agreement; if so, the rental amount during this 60-day period shall be at the rate established on the last date that a full rent payment was made. Makes similar changes to a tenancy of longer duration. Provides that the changes for notice of termination of a residential lease do not apply to any existing rental agreement that expires less than 90 days after the effective date of the amendatory Act. Amends the Landlord and Tenant Act. Provides that a tenant of a residential property may not be charged a nonrefundable fee as a condition for lawfully possessing a rental property. Requires a landlord of residential property to provide electronic or wire transfer as an option to a tenant for the return of the tenant's security deposit or the portion of the security deposit to which the tenant is entitled.


LRB103 37693 JRC 67820 b

 

 

A BILL FOR

 

HB5165LRB103 37693 JRC 67820 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 9-205, 9-207, and 9-213 as follows:
 
6    (735 ILCS 5/9-205)  (from Ch. 110, par. 9-205)
7    Sec. 9-205. Notice to terminate tenancy from year to year.
8Except as provided in Sections Section 9-206, and Section
99-207.5, and 9-213 of this Act, in all cases of tenancy from
10year to year, 60 days' notice, in writing, shall be sufficient
11to terminate the tenancy at the end of the year. The notice may
12be given at any time within 4 months preceding the last 60 days
13of the year.
14(Source: P.A. 98-514, eff. 11-19-13.)
 
15    (735 ILCS 5/9-207)  (from Ch. 110, par. 9-207)
16    Sec. 9-207. Notice to terminate tenancy for less than a
17year.
18    (a) Except as provided in Section 9-207.5 and Section
199-213 of this Code, in all cases of tenancy from week to week,
20where the tenant holds over without special agreement, the
21landlord may terminate the tenancy by 7 days' notice, in
22writing, and may maintain an action for eviction or ejectment.

 

 

HB5165- 2 -LRB103 37693 JRC 67820 b

1    (b) Except as provided in Section 9-207.5 and Section
29-213 of this Code, in all cases of tenancy for any term less
3than one year, other than tenancy from week to week, where the
4tenant holds over without special agreement, the landlord may
5terminate the tenancy by 30 days' notice, in writing, and may
6maintain an action for eviction or ejectment.
7(Source: P.A. 100-173, eff. 1-1-18.)
 
8    (735 ILCS 5/9-213)  (from Ch. 110, par. 9-213)
9    Sec. 9-213. Expiration of term notice or refusal to renew
10required. The following notice requirements shall apply:
11    (a) For any residential tenancy of less than 6 months, the
12landlord shall notify the tenant in writing at least 30 days
13before the stated termination date of the rental agreement of
14the landlord's intent to terminate a periodic tenancy, not
15renew a fixed-term rental agreement, or increase the rental
16rate. If the landlord fails to give the required written
17notice, the tenant may remain in the dwelling unit for up to 60
18days after the date on which written notice is given to the
19tenant, regardless of the termination date specified in the
20notice or in an existing rental agreement. During such
21occupancy, the terms and conditions of the tenancy shall be
22the same as the terms and conditions during the month of
23tenancy immediately preceding the notice; provided, however,
24that if rent was waived or abated in the preceding month or
25months as part of the original rental agreement, the rental

 

 

HB5165- 3 -LRB103 37693 JRC 67820 b

1amount during such 60-day period shall be at the rate
2established on the last date that a full rent payment was made.
3    (b) For any residential tenancy of 6 months to 3 years, the
4landlord shall notify the tenant in writing at least 60 days
5before the stated termination date of the rental agreement of
6the landlord's intent to terminate a periodic tenancy, not
7renew a fixed-term rental agreement, or increase the rental
8rate. If the landlord fails to give the required written
9notice, the tenant may remain in the dwelling unit for up to 90
10days after the date on which written notice is given to the
11tenant, regardless of the termination date specified in the
12notice or in an existing rental agreement. During such
13occupancy, the terms and conditions of the tenancy shall be
14the same as the terms and conditions during the month of
15tenancy immediately preceding the notice; provided, however,
16that if rent was waived or abated in the preceding month or
17months as part of the original rental agreement, the rental
18amount during such 90-day period shall be at the rate
19established on the last date that a full rent payment was made.
20    (c) For any residential tenancy greater than 3 years, the
21landlord shall notify the tenant in writing at least 120 days
22before the stated termination date of the rental agreement of
23the landlord's intent to terminate a periodic tenancy, not
24renew a fixed-term rental agreement or increase the rental
25rate. If the landlord fails to give the required written
26notice, the tenant may remain in the dwelling unit for up to

 

 

HB5165- 4 -LRB103 37693 JRC 67820 b

1120 days after the date on which written notice is given to the
2tenant, regardless of the termination date specified in the
3notice or in an existing rental agreement. During such
4occupancy, the terms and conditions of the tenancy shall be
5the same as the terms and conditions during the month of
6tenancy immediately preceding the notice; provided, however,
7that if rent was waived or abated in the preceding month or
8months as part of the original rental agreement, the rental
9amount during such 120-day period shall be at the rate
10established on the last date that a full rent payment was made.
11    (d) This Section shall not apply to any existing rental
12agreement that expires less than 90 days after the effective
13date of this amendatory Act of the 103rd General Assembly When
14the tenancy is for a certain period, and the term expires by
15the terms of the lease, the tenant is then bound to surrender
16possession, and no notice to quit or demand of possession is
17necessary.
18(Source: P.A. 82-280.)
 
19    Section 10. The Landlord and Tenant Act is amended by
20adding Sections 25 and 30 as follows:
 
21    (765 ILCS 705/25 new)
22    Sec. 25. Nonrefundable move-in fees prohibited. No tenant
23of a residential property may be charged a nonrefundable fee
24as a condition for lawfully possessing a rental property.
 

 

 

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1    (765 ILCS 705/30 new)
2    Sec. 30. Electronic transfer of security deposit.
A
3landlord of any residential property must provide electronic
4or wire transfer as an option to a tenant for the return of the
5tenant's security deposit or the portion of the security
6deposit to which the tenant is entitled.