103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5305

 

Introduced 2/9/2024, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/13-102  from Ch. 110, par. 13-102
765 ILCS 705/21 new

    Amends the Code of Civil Procedure to provide that illegal possession of land during a 7-year period may not be used for a claim of adverse possession. Amends the Landlord and Tenant Act to provide that no person has a right to occupy or remain on or in any real property, residence, or structure in which the person has no written property interest under a written lease or rental agreement with the owner of the property. Provides that all persons legally occupying the property, residence, or structure shall be listed by name and date of birth on leases, rental agreements, or the rental application associated with the lease or rental agreement. Provides that no subleasing is allowed unless it is specifically allowed in the tenant's written lease or rental agreement with the owner. Provides that any such violation of the lease or rental agreement does not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee who must vacate the property after receiving notice to vacate from the property owner of record or the owner's agent.


LRB103 37259 JRC 67379 b

 

 

A BILL FOR

 

HB5305LRB103 37259 JRC 67379 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 13-102 as follows:
 
6    (735 ILCS 5/13-102)  (from Ch. 110, par. 13-102)
7    Sec. 13-102. Breach of condition subsequent. No person
8shall commence an action for the recovery of lands, nor make an
9entry thereon, by reason of the breach of a condition
10subsequent, unless within 7 years after the time that
11condition is first broken. Continuing, successive or recurring
12breaches shall not extend the time for commencing the action
13or making the entry. Possession shall be deemed to be adverse
14and hostile from and after the first breach of a condition
15subsequent, notwithstanding the occurrence of successive or
16recurrent breaches. Possession is not adverse and hostile for
17any time during a 7-year period the person was in possession of
18lands in violation of Section 21 of the Landlord and Tenant
19Act.
20(Source: P.A. 82-280.)
 
21    Section 10. The Landlord and Tenant Act is amended by
22adding Section 21 as follows:
 

 

 

HB5305- 2 -LRB103 37259 JRC 67379 b

1    (765 ILCS 705/21 new)
2    Sec. 21. Illegal possession of property. No person has a
3right or legal standing to occupy or remain on or in any real
4property, residence, or structure in which the person has no
5written property interest under a written lease or rental
6agreement with the owner of the property as listed in county
7tax records or with the owner's agent. All persons legally
8occupying the property, residence, or structure shall be
9listed by name and date of birth on leases, rental agreements,
10or the rental application associated with the lease or rental
11agreement. No subleasing shall be allowed unless it is
12specifically allowed in the tenant's written lease or rental
13agreement with the owner. Any such violation of the lease or
14rental agreement does not establish legal standing to occupy
15or remain on or in any real property, residence, or structure
16by the sublessee who must vacate the property after receiving
17notice to vacate from the property owner of record or the
18owner's agent.