Full Text of HB1209 97th General Assembly
HB1209enr 97TH GENERAL ASSEMBLY |
| | HB1209 Enrolled | | LRB097 07717 AJO 47828 b |
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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 Code of Civil Procedure is amended by | 5 | | changing Section 9-209 as follows:
| 6 | | (735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
| 7 | | Sec. 9-209. Demand for rent - Action for possession. A | 8 | | landlord or his
or her agent may, any time after rent is due,
| 9 | | demand payment thereof and notify the tenant, in writing, that | 10 | | unless
payment is made within a time mentioned in such notice, | 11 | | not less than
5 days after service thereof, the lease will be | 12 | | terminated. If the
tenant does not within the time mentioned in | 13 | | such notice, pay the rent
due, the landlord may consider the | 14 | | lease ended, and sue for the
possession under the statute in | 15 | | relation to forcible entry and
detainer, or maintain ejectment | 16 | | without further notice or demand. A
claim for rent may be | 17 | | joined in the complaint, including a request for the pro rata | 18 | | amount of rent due for any period that a judgment is stayed, | 19 | | and a judgment obtained for
the amount of rent found due, in | 20 | | any action or proceeding brought, in an
action of forcible | 21 | | entry and detainer for the possession of the leased
premises, | 22 | | under this Section.
| 23 | | Notice made pursuant to this Section shall, as hereinafter |
| | | HB1209 Enrolled | - 2 - | LRB097 07717 AJO 47828 b |
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| 1 | | stated, not
be invalidated by payments of past due rent | 2 | | demanded in the notice, when
the payments do not, at the end of | 3 | | the notice period, total the amount demanded
in the notice. The | 4 | | landlord may, however, agree in writing to continue
the lease | 5 | | in exchange for receiving partial payment. To prevent | 6 | | invalidation,
the notice must prominently state:
| 7 | | "Only FULL PAYMENT of the rent demanded in this notice will | 8 | | waive the landlord's
right to terminate the lease under this | 9 | | notice, unless the landlord agrees
in writing to continue the | 10 | | lease in exchange for receiving partial payment."
| 11 | | Collection by the landlord
of past rent due after the | 12 | | filing of a suit for possession or ejectment
pursuant to | 13 | | failure of the tenant to pay the rent demanded in the notice
| 14 | | shall not invalidate the suit.
| 15 | | (Source: P.A. 83-1398.)
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