HB0160 99TH GENERAL ASSEMBLY

LRB099 03903 HEP 23919 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0160

Introduced , by Rep. André M. Thapedi

SYNOPSIS AS INTRODUCED:

735 ILCS 5/9-201.1 new

Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that the owner of lands or tenements may recover rent or a fair and reasonable satisfaction for use and occupation when the lands or tenements are held and occupied by a tenant who is a defendant in an eviction or possession action, or his or her grantees, assignees or representatives, and the tenant continues to maintain possession of the land or property throughout the duration of the pending eviction or possession action. Provides that: if an order for use and occupancy is granted to the plaintiff and the defendant violates the order by willfully failing to pay the ordered amount, the court shall set a firm trial date for the pending eviction possession action no less than 7 days from the date that the violation of the use and occupancy order is entered; the defendant is responsible to the plaintiff for all costs and attorney's fees incurred by the plaintiff while seeking a remedy for the violation of the use and occupancy order; and if the defendant is successful in the underlying eviction or possession action, the defendant is entitled to the return of any use and occupancy payments made to the plaintiff on his behalf, plus statutory interest. Provides that nothing in the new provisions shall be deemed to affect any property that is subject to the Condominium Property Act.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by adding Section 9-201.1 as follows:

(735 ILCS 5/9-201.1 new)

Sec. 9-201.1. Defendant in possession during action. The owner of lands or tenements or his or her executors or administrators may sue for and recover rent, or a fair and reasonable satisfaction for the use and occupation of the lands or tenements, by a civil action when the lands or tenements are held and occupied by a tenant who is a defendant in an eviction or possession action, or his or her grantees, assignees or representatives, and the tenant continues to maintain possession of the land or property throughout the duration of the pending eviction or possession action. If an order for use and occupancy is granted to the plaintiff and the defendant violates the order by willfully failing to pay the ordered amount, the court shall set a firm trial date for the pending eviction possession action no less than 7 days from the date that the violation of the use and occupancy order is entered. The defendant is responsible to the plaintiff for all costs and attorney's fees incurred by the plaintiff while seeking a remedy for the violation of the use and occupancy order. If the defendant is successful in the underlying eviction or possession action, the defendant is entitled to the return of any use and occupancy payments made to the plaintiff on his behalf, plus statutory interest.

Nothing in this Section shall be deemed to affect any property that is subject to the provisions of the Condominium Property Act.