99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2661

 

Introduced , by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 745/12  from Ch. 80, par. 212
765 ILCS 745/13.5 new
765 ILCS 745/22  from Ch. 80, par. 222

    Amends the Mobile Home Landlord and Tenant Rights Act. Provides that a lease may not contain provisions: (1) granting the right of first refusal to the park owner to purchase a tenant's home; or (2) requiring the tenant to pay replacement costs of meters or other replacement costs of utilities provided by the park owner. Provides that if heat tapes are used to prevent the freezing of water pipes, the tenant is only responsible for the water pipes attached to the home. In a Section concerning park owner remedies, provides that a fine imposed for a violation shall be considered separate from rent, and a park owner shall not cease acceptance of the rent payment if a violation fine has been issued.


LRB099 09488 HEP 29696 b

 

 

A BILL FOR

 

HB2661LRB099 09488 HEP 29696 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 Mobile Home Landlord and Tenant Rights Act
5is amended by changing Sections 12 and 22 and by adding Section
613.5 as follows:
 
7    (765 ILCS 745/12)  (from Ch. 80, par. 212)
8    Sec. 12. Lease prohibitions. No lease hereafter executed or
9currently existing between a park owner and tenant in a mobile
10home park or manufactured home community in this State shall
11contain any provision:
12        (a) Permitting the park owner to charge a penalty fee
13    for late payment of rent without allowing a tenant a
14    minimum of 5 days beyond the date the rent is due in which
15    to remit such payment;
16        (b) Permitting the park owner to charge an amount in
17    excess of one month's rent as a security deposit;
18        (c) Requiring the tenant to pay any fees not specified
19    in the lease;
20        (d) Permitting the park owner to transfer, or move, a
21    mobile home to a different lot, including a different lot
22    in the same mobile home park or manufactured home
23    community, during the term of the lease;

 

 

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1        (e) Waiving the homeowner's right to a trial by jury; .
2        (f) Granting the right of first refusal to the park
3    owner to purchase a tenant's home;
4        (g) Requiring the tenant to pay replacement costs of
5    meters or other replacement costs of utilities provided by
6    the park owner.
7    If one provision of a lease is invalid, that does not
8affect the validity of the remaining provisions of the lease.
9(Source: P.A. 98-1062, eff. 1-1-15.)
 
10    (765 ILCS 745/13.5 new)
11    Sec. 13.5. Heat tapes. If heat tapes are used to prevent
12the freezing of water pipes, the tenant is only responsible for
13the water pipes attached to the home. The park owner is
14responsible for maintaining all electrical, plumbing, and
15other utilities as provided in Section 11 of this Act.
 
16    (765 ILCS 745/22)  (from Ch. 80, par. 222)
17    Sec. 22. Remedies, Park Owner. A park owner may, any time
18rent is overdue, notify the tenant in writing that unless
19payment is made within the time specified in the notice, not
20less than 5 days after receipt thereof, the lease will be
21terminated. If the tenant remains in default, the park owner
22may institute legal action for recovery of possession, rent due
23and any damages.
24    If the tenant breaches any provision of the lease or rules

 

 

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1and regulations of the mobile home park, the park owner shall
2notify the tenant in writing of his breach. Such notice shall
3specify the violation and advise the tenant that if the
4violation shall continue for more than 24 hours after receipt
5of such notice the park owner may terminate the lease. A fine
6imposed for a violation shall be considered separate from rent,
7and a park owner shall not cease acceptance of the rent payment
8if a violation fine has been issued.
9(Source: P.A. 81-637.)