Full Text of HB2661 99th General Assembly
HB2661 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2661 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: |
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765 ILCS 745/12 | from Ch. 80, par. 212 |
765 ILCS 745/13.5 new | |
765 ILCS 745/22 | from Ch. 80, par. 222 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mobile Home Landlord and Tenant Rights Act | 5 | | is amended by changing Sections 12 and 22 and by adding Section | 6 | | 13.5 as follows:
| 7 | | (765 ILCS 745/12) (from Ch. 80, par. 212)
| 8 | | Sec. 12. Lease prohibitions. No lease hereafter executed or | 9 | | currently
existing between a park owner and tenant in a mobile | 10 | | home park or manufactured home community in this State
shall | 11 | | contain 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 | 8 | | affect 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 | 12 | | the freezing of water pipes, the tenant is only responsible for | 13 | | the water pipes attached to the home. The park owner is | 14 | | responsible for maintaining all electrical, plumbing, and | 15 | | other 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 | 18 | | rent is overdue,
notify the tenant in writing that unless | 19 | | payment is made within the time
specified in the notice, not | 20 | | less than 5 days after receipt thereof, the
lease will be | 21 | | terminated. If the tenant remains in default, the park
owner | 22 | | may institute legal action for recovery of possession, rent due | 23 | | and any damages.
| 24 | | If the tenant breaches any provision of the lease or rules |
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| 1 | | and regulations
of the mobile home park, the park owner shall | 2 | | notify the tenant in writing
of his breach. Such notice shall | 3 | | specify the violation and advise the tenant
that if the | 4 | | violation shall continue for more than 24 hours after receipt
| 5 | | of such notice the park owner may terminate the lease. A fine | 6 | | imposed for a violation shall be considered separate from rent, | 7 | | and a park owner shall not cease acceptance of the rent payment | 8 | | if a violation fine has been issued.
| 9 | | (Source: P.A. 81-637.)
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