Illinois General Assembly - Full Text of SB3166
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Full Text of SB3166  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/19/2016, by Sen. John G. Mulroe


735 ILCS 5/9-117  from Ch. 110, par. 9-117

    Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that in an action brought by a mortgagee who assumes control of the residential real estate in foreclosure through a judicial foreclosure, consent foreclosure, common law strict foreclosure, or delivery of a deed in lieu of foreclosure, the plaintiff's notice of motion shall use the term "owner" instead of "landlord" whenever "landlord" appears in the notice.

LRB099 17233 HEP 45360 b





SB3166LRB099 17233 HEP 45360 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 9-117 as follows:
6    (735 ILCS 5/9-117)  (from Ch. 110, par. 9-117)
7    Sec. 9-117. Expiration of Judgment.
8    (a) No judgment for possession obtained in an action
9brought under this Article may be enforced more than 120 days
10after judgment is entered, unless upon motion by the plaintiff
11the court grants an extension of the period of enforcement of
12the judgment.
13    (b) The plaintiff's Plaintiff's notice of motion shall
14contain the following notice directed to the defendant:
15        "Your landlord, (insert name), obtained an eviction
16    judgment against you on (insert date), but the sheriff did
17    not evict you within the 120 days that the landlord has to
18    evict after a judgment in court. On the date stated in this
19    notice, your landlord will be asking the court to allow the
20    sheriff to evict you based on that judgment. You must
21    attend the court hearing if you want the court to stop the
22    landlord from having you evicted. To prevent the eviction,
23    you must be able to prove that (1) the landlord and you



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1    made an agreement after the judgment (for instance, to pay
2    up back rent or to comply with the lease) and you have
3    lived up to the agreement; or (2) the reason the landlord
4    brought the original eviction case has been resolved or
5    forgiven, and the eviction the landlord now wants the court
6    to grant is based on a new or different reason; or (3) that
7    you have another legal or equitable reason why the court
8    should not grant the landlord's request for your eviction."
9    The court shall grant the motion for the extension of the
10judgment of possession unless the defendant establishes that
11the tenancy has been reinstated, that the breach upon which the
12judgment was issued has been cured or waived, that the
13plaintiff and defendant entered into a post-judgment agreement
14whose terms the defendant has performed, or that other legal or
15equitable grounds exist that bar enforcement of the judgment.
16    (c) In an action brought by a mortgagee who assumes control
17of the residential real estate in foreclosure, as defined in
18Section 15-1225 of this Code, through a judicial foreclosure,
19consent foreclosure, common law strict foreclosure, or
20delivery of a deed in lieu of foreclosure, the plaintiff's
21notice of motion shall use the term "owner" instead of
22"landlord" whenever "landlord" appears in the notice.
23    (d) This Section does not apply to any action based upon a
24breach of a contract entered into on or after July 1, 1962, for
25the purchase of premises in which the court has entered a stay
26under Section 9-110; nor shall this Section apply to any action



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1to which the provisions of Section 9-111 apply; nor shall this
2Section affect the rights of Boards of Managers under Section
4(Source: P.A. 96-60, eff. 7-23-09.)