Full Text of HB1309 97th General Assembly
HB1309ham001 97TH GENERAL ASSEMBLY | Rep. Anthony DeLuca Filed: 3/15/2011
| | 09700HB1309ham001 | | LRB097 07117 AJO 53096 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1309
| 2 | | AMENDMENT NO. ______. Amend House Bill 1309 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 9-120 as follows:
| 6 | | (735 ILCS 5/9-120)
| 7 | | Sec. 9-120.
Leased premises used in furtherance of a | 8 | | criminal offense;
lease void at option of lessor or assignee.
| 9 | | (a) If any lessee or occupant, on one or more occasions, | 10 | | uses or permits the
use of leased premises for the commission | 11 | | of any act that would constitute a
felony or a Class A | 12 | | misdemeanor under the laws of this State, the lease or
rental | 13 | | agreement shall, at the option of the lessor or
the lessor's
| 14 | | assignee become void, and the owner or lessor shall be entitled | 15 | | to recover
possession of the leased premises as against a | 16 | | tenant holding over after the
expiration of his or her term. A |
| | | 09700HB1309ham001 | - 2 - | LRB097 07117 AJO 53096 a |
|
| 1 | | written lease for a residential dwelling unit shall contain | 2 | | language that the commission of any act on the premises by the | 3 | | lessee, occupant, household member of the lessee or occupant, | 4 | | or guest of the lessee or occupant that would constitute a | 5 | | felony or a Class A misdemeanor under the laws of this State | 6 | | shall give the owner or lessor the right to void the lease and | 7 | | recover possession of the leased premises. Failure to include | 8 | | or state this language in an oral or written lease for a | 9 | | residential dwelling unit shall not waive or impair the rights | 10 | | of the lessor or lessor's assignee under this Section or the | 11 | | lease.
| 12 | | (b) The owner or lessor may bring a forcible entry and | 13 | | detainer action, or,
if
the State's Attorney of the county in | 14 | | which the real property is
located or the corporation counsel | 15 | | of the municipality in which the real property is located | 16 | | agrees, assign to that State's Attorney or corporation counsel | 17 | | the right to bring a forcible
entry and detainer action on | 18 | | behalf of
the owner or lessor, against the lessee and all | 19 | | occupants of the leased
premises alleging the criminal activity | 20 | | and any other lease violations to be considered . The assignment | 21 | | must be in writing on a form prepared by the State's
Attorney | 22 | | of the county in which the real property is located or the | 23 | | corporation counsel of the municipality in which the real | 24 | | property is located, as applicable . If the owner or
lessor | 25 | | assigns the right to bring a forcible entry and detainer | 26 | | action, the
assignment shall be limited to those rights and |
| | | 09700HB1309ham001 | - 3 - | LRB097 07117 AJO 53096 a |
|
| 1 | | duties up to and including
delivery of the order of eviction to | 2 | | the sheriff for execution. The owner or
lessor shall remain | 3 | | liable for the cost of the eviction whether or not the
right to | 4 | | bring the forcible entry and detainer action has been assigned.
| 5 | | (c) A person does not forfeit any part of his or her | 6 | | security deposit due
solely to an eviction under the provisions | 7 | | of this Section, except that a
security deposit may be used to | 8 | | pay fees charged by the sheriff for carrying
out an eviction.
| 9 | | (d) If a lessor or the lessor's assignee voids a lease or | 10 | | contract under the
provisions of this Section and the tenant or | 11 | | occupant has not vacated the
premises within 5 days after | 12 | | receipt of a written notice to vacate the
premises , the lessor | 13 | | or lessor's assignee may seek relief as if the tenant were | 14 | | holding over after the expiration of his or her term under this | 15 | | Article
IX . Notwithstanding Sections 9-112, 9-113, and 9-114
of | 16 | | this Code, judgment for costs against a plaintiff seeking
| 17 | | possession of the premises under this Section shall not be | 18 | | awarded to the
defendant unless the action was brought by the | 19 | | plaintiff in bad faith. An
action to possess premises under | 20 | | this Section shall not be deemed to be in bad
faith when the | 21 | | plaintiff based his or her cause of action on information
| 22 | | provided to him or her by a law enforcement agency or the | 23 | | State's Attorney , or the municipality .
| 24 | | (e) After a trial, if the court finds, by a
preponderance | 25 | | of the evidence,
that the allegations of criminal activity in | 26 | | the complaint have been proven, the court
shall enter judgment |
| | | 09700HB1309ham001 | - 4 - | LRB097 07117 AJO 53096 a |
|
| 1 | | for possession of the premises in favor of the lessor plaintiff
| 2 | | and the court shall order that the plaintiff shall be entitled | 3 | | to re-enter the
premises immediately. After a trial, if the | 4 | | court finds that criminal activity has not been proven, but has | 5 | | found: (i) that the tenant or occupant has otherwise violated | 6 | | the lease in a manner so as to be a significant disturbance to | 7 | | the quiet enjoyment of other tenants or neighbors, and (ii) | 8 | | that the lessor had previously given written notice to the | 9 | | tenant or occupant, delivered by personal service or by posting | 10 | | on the premises, of such lease violation at least 10 days prior | 11 | | to the start of recovery of possession under this Section, then | 12 | | the court may enter judgment for possession of the premises in | 13 | | favor of the plaintiff and the court shall order that the | 14 | | lessor shall be entitled to re-enter the premises immediately.
| 15 | | (f) A judgment for
possession of the premises entered in an | 16 | | action brought by a lessor or lessor's
assignee, if the action | 17 | | was brought
as a result of a lessor or lessor's assignee | 18 | | declaring a lease void
pursuant to this Section,
may not be | 19 | | stayed for any period in excess of 7 days by the court unless | 20 | | all
parties agree to a longer period.
Thereafter the plaintiff | 21 | | shall be entitled to re-enter the premises
immediately. The | 22 | | sheriff or other lawfully deputized officers shall execute an
| 23 | | order entered pursuant to this Section
within 7 days of its | 24 | | entry, or within 7 days of the expiration of
a stay of | 25 | | judgment, if one is entered.
| 26 | | (g) Nothing in this Section shall limit the rights of an |
| | | 09700HB1309ham001 | - 5 - | LRB097 07117 AJO 53096 a |
|
| 1 | | owner or lessor
to bring a forcible entry and detainer action | 2 | | on the basis of other applicable
law.
| 3 | | (Source: P.A. 90-360, eff. 1-1-98.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
|
|