Full Text of SB2139 095th General Assembly
SB2139 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2139
Introduced 2/14/2008, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-1130 new |
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705 ILCS 35/29 new |
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735 ILCS 5/5-104.5 new |
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735 ILCS 5/9-109.7 |
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735 ILCS 5/9-118 |
from Ch. 110, par. 9-118 |
735 ILCS 5/9-119 |
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735 ILCS 5/9-120 |
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Amends the Counties Code. Provides that a county board may establish a residential landlord-tenant court and make appropriations to operate it. Provides that this authorization is not a limitation on or a prohibition of the exercise of a home rule county's powers. Amends the Circuit Courts Act. Provides that the chief judge of a judicial circuit may establish a residential landlord-tenant court in a county if the county board has approved the establishment of such a court. Provides that the chief judge may appoint to this court licensed attorneys as hearing officers to preside over cases, take evidence, and report findings of fact and legal conclusions to a judge and these shall constitute a part of the proceedings upon which a judge makes rulings. Amends the Code of Civil Procedure. Provides that in actions filed for repossession due to illegal drug use on the premises, an emergency housing eviction, or voiding a lease for use of the premises in furtherance of a crime, the court shall schedule a hearing on the complaint on any day before the expiration of 7 days after the complaint is filed and the court may waive the filing fee if the plaintiff shows that in advance of the lease a good faith effort was made, by properly accessing public and credit records, to determine whether the defendant had a criminal conviction or eviction record or an adverse credit history. Provides that a credit worthiness inquiry may only access income level, credit history, or another pertinent element of credit worthiness. Reduces time limits to 5 days (instead of 7 days) for stays of judgment for possession and for the sheriff to execute an order for possession. Reduces other time limits for continuances and other matters. Makes other changes.
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A BILL FOR
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SB2139 |
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LRB095 19101 AJO 45382 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by adding Section | 5 |
| 5-1130 as follows: | 6 |
| (55 ILCS 5/5-1130 new)
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| Sec. 5-1130. Residential landlord-tenant court. A county | 8 |
| board may approve the establishment of a residential | 9 |
| landlord-tenant court and if that type of court is established | 10 |
| under Section 29 of the Circuit Courts Act, the county board | 11 |
| shall appropriate from the county treasury, from year to year, | 12 |
| the sums it may deem necessary and reasonable to defray the | 13 |
| expenses of the residential landlord-tenant court in the | 14 |
| performance of its duties. For the purposes of this Section, | 15 |
| the county board is authorized to expend moneys not | 16 |
| appropriated for other purposes. This Section shall not | 17 |
| constitute a limitation on or a prohibition of the exercise of | 18 |
| powers of a home rule county.
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| Section 10. The Circuit Courts Act is amended by adding | 20 |
| Section 29 as follows: | 21 |
| (705 ILCS 35/29 new) |
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| Sec. 29. Residential landlord-tenant court. The chief | 2 |
| judge of each judicial circuit may establish a residential | 3 |
| landlord-tenant court as provided by this Section in any county | 4 |
| in the circuit if the county board has approved, as provided in | 5 |
| Section 5-1129 of the Counties Code, the establishment of a | 6 |
| residential landlord-tenant court. The chief judge shall | 7 |
| establish the format under which the residential | 8 |
| landlord-tenant court operates under the Code of Civil | 9 |
| Procedure. The chief judge may appoint to the residential | 10 |
| landlord-tenant court one or more licensed attorneys to act as | 11 |
| hearing officers to preside over the initial case proceedings | 12 |
| and trials in that court. A residential landlord-tenant court | 13 |
| hearing officer may also take evidence and report the same to a | 14 |
| judge with the hearing officer's findings of fact and | 15 |
| conclusions of law, which shall constitute a part of the | 16 |
| proceedings upon which the judge's determination and order | 17 |
| shall be made. | 18 |
| Section 15. The Code of Civil Procedure is amended by | 19 |
| changing Sections 9-109.7, 9-118, 9-119, and 9-120 and by | 20 |
| adding Section 5-104.5 as follows: | 21 |
| (735 ILCS 5/5-104.5 new) | 22 |
| Sec. 5-104.5. Credit worthiness inquiry. In an action filed | 23 |
| under Section 9-109.7, 9-118, or 9-120 of this Code, the court | 24 |
| may order that the filing fee paid by the plaintiff be waived |
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| and refunded by the circuit clerk if the plaintiff shows that | 2 |
| in advance of leasing the residential premises to the defendant | 3 |
| a good faith effort was made by properly accessing public | 4 |
| records and credit reporting agency records to determine | 5 |
| whether the defendant was ever convicted of a crime or evicted | 6 |
| from residential premises and whether the defendant is credit | 7 |
| worthy. For purposes of this Section, a credit worthiness | 8 |
| inquiry shall be limited to determining the amount and probable | 9 |
| continuance of income levels, credit history, or another | 10 |
| pertinent element of credit worthiness.
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| (735 ILCS 5/9-109.7)
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| Sec. 9-109.7. Stay of enforcement; drug related action. A | 13 |
| judgment for
possession of the premises entered in an action | 14 |
| brought by a lessor or lessor's
assignee, if the action was | 15 |
| brought
as a result of a lessor or lessor's assignee declaring | 16 |
| a lease void
pursuant to Section 11 of the Controlled Substance | 17 |
| and Cannabis Nuisance Act,
may not be stayed for any period in | 18 |
| excess of 5 7 days by the court.
Thereafter the plaintiff shall | 19 |
| be entitled to re-enter the premises
immediately. The sheriff | 20 |
| or other lawfully deputized officers shall execute an
order | 21 |
| entered pursuant to this Section
within 5 7 days of its entry, | 22 |
| or within 5 7 days of the expiration of
a stay of judgment, if | 23 |
| one is entered.
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| (Source: P.A. 90-557, eff. 6-1-98.)
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| (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
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| Sec. 9-118. Emergency housing eviction proceedings.
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| (a) As used in this Section:
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| "Cannabis" has the meaning ascribed to that term in the | 5 |
| Cannabis Control Act.
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| "Narcotics" and "controlled substance" have the meanings | 7 |
| ascribed to those
terms in the Illinois Controlled Substances | 8 |
| Act.
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| (b) This Section applies only if all of the following | 10 |
| conditions are
met:
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| (1) The complaint seeks possession of premises that are
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| owned or managed by a housing authority established under | 13 |
| the Housing
Authorities Act or privately owned and managed.
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| (2) The verified complaint alleges that there is direct
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| evidence of any of the following:
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| (A) unlawful possessing, serving, storing, | 17 |
| manufacturing, cultivating,
delivering, using, | 18 |
| selling, giving away, or
trafficking in cannabis, | 19 |
| methamphetamine, narcotics, or controlled substances
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| within or upon the premises by or with the knowledge | 21 |
| and consent of, or in
concert with the person or | 22 |
| persons named in the complaint; or
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| (B) the possession, use, sale, or delivery of a | 24 |
| firearm which is
otherwise prohibited by State law
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| within or upon the premises by or with the
knowledge | 26 |
| and consent of, or in concert with, the person or |
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| persons named in
the complaint; or
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| (C) murder, attempted murder, kidnapping, | 3 |
| attempted kidnapping, arson,
attempted arson, | 4 |
| aggravated battery, criminal sexual
assault, attempted | 5 |
| criminal sexual assault, aggravated criminal sexual | 6 |
| assault,
predatory criminal sexual assault of a child, | 7 |
| or criminal sexual abuse
within or upon the premises by | 8 |
| or with the
knowledge and consent of, or in concert | 9 |
| with, the person or persons named in
the complaint.
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| (3) Notice by verified complaint setting forth the | 11 |
| relevant facts, and a
demand for possession of the type | 12 |
| specified in Section 9-104 is served on
the tenant or | 13 |
| occupant of the premises at least 3 14 days before a | 14 |
| hearing on
the complaint is held, and proof of service of | 15 |
| the complaint is submitted
by the plaintiff to the court.
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| (b-5) In all actions brought under this Section 9-118, no | 17 |
| predicate notice
of termination or demand for possession shall | 18 |
| be required to initiate an
eviction action.
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| (c) When a complaint has been filed under this Section, a | 20 |
| hearing on the
complaint shall be scheduled on any day before | 21 |
| after the expiration of 7 14 days
following the filing of the | 22 |
| complaint. The summons shall advise the defendant
that a | 23 |
| hearing on the complaint shall be held at the specified date | 24 |
| and time,
and that the defendant should be prepared to present | 25 |
| any evidence on his or her
behalf at that time.
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| If a plaintiff which is a public housing authority accepts
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| rent from the defendant after an action is initiated under this
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| Section, the acceptance of rent shall not be a cause for | 3 |
| dismissal of the
complaint.
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| (d) If the defendant does not appear at the hearing, | 5 |
| judgment for
possession of the premises in favor of the | 6 |
| plaintiff shall be entered by
default. If the defendant | 7 |
| appears, a trial shall be held immediately as is
prescribed in | 8 |
| other proceedings for possession. The matter shall not be
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| continued beyond 5 7 days from the date set for the first | 10 |
| hearing on the
complaint except by agreement of both the | 11 |
| plaintiff and the defendant. After a
trial, if the court finds, | 12 |
| by a preponderance of the evidence, that the
allegations in the | 13 |
| complaint have been proven, the court shall enter judgment
for | 14 |
| possession of the premises in favor of the plaintiff and the | 15 |
| court shall
order that the plaintiff shall be entitled to | 16 |
| re-enter the premises
immediately.
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| (d-5) If cannabis, methamphetamine, narcotics, or | 18 |
| controlled substances are found or used
anywhere in the | 19 |
| premises, there is a rebuttable presumption either (1) that the
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| cannabis, methamphetamine,
narcotics, or controlled substances | 21 |
| were used or possessed by a tenant
or occupant or (2) that a | 22 |
| tenant or occupant permitted the premises to be used
for
that | 23 |
| use or possession, and knew or should have reasonably known | 24 |
| that the
substance was used or possessed.
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| (e) A judgment for possession entered under this Section | 26 |
| may not be
stayed for any period in excess of 7 days by the |
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| court. Thereafter the
plaintiff shall be entitled to re-enter | 2 |
| the premises immediately. The sheriff
or other lawfully | 3 |
| deputized officers shall give priority to service and
execution | 4 |
| of orders entered under this Section over other possession | 5 |
| orders.
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| (f) This Section shall not be construed to prohibit the use | 7 |
| or possession
of cannabis, methamphetamine, narcotics, or a | 8 |
| controlled substance that has been legally
obtained in | 9 |
| accordance with a valid prescription for the personal use of a
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| lawful occupant of a dwelling unit.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| (735 ILCS 5/9-119)
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| Sec. 9-119. Emergency subsidized housing eviction | 14 |
| proceedings.
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| (a) As used in this Section:
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| "FmHA" means the Farmers Home Administration or a local | 17 |
| housing
authority administering an FmHA program.
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| "HUD" means the United States Department of Housing and | 19 |
| Urban
Development, or the Federal Housing Administration or a | 20 |
| local housing authority
administering a HUD program.
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| "Section 8 contract" means a contract with HUD or FmHA | 22 |
| which provides rent
subsidies entered into pursuant to Section | 23 |
| 8 of the United States Housing Act
of 1937 or the Section 8 | 24 |
| Existing Housing Program (24 C.F.R. Part 882).
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| "Subsidized housing" means:
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| (1) any housing or unit of housing subject to a
Section | 2 |
| 8 contract;
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| (2) any housing or unit of
housing owned, operated, or | 4 |
| managed by a housing authority established under
the | 5 |
| Housing Authorities Act; or
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| (3) any housing or unit of housing financed by a
loan | 7 |
| or mortgage held by the Illinois Housing Development | 8 |
| Authority, a
local housing authority, or the federal | 9 |
| Department of Housing and Urban
Development ("HUD") that | 10 |
| is:
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| (i) insured or held by HUD under Section 221(d)(3) | 12 |
| of the National
Housing Act and assisted under Section | 13 |
| 101 of the Housing and Urban
Development Act of 1965 or | 14 |
| Section 8 of the United States Housing Act of 1937;
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| (ii) insured or held by HUD and bears interest at a | 16 |
| rate determined
under the proviso of Section 221(d)(3) | 17 |
| of the National Housing Act;
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| (iii) insured, assisted, or held by HUD under | 19 |
| Section 202 or 236 of the
National Housing Act;
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| (iv) insured or held by HUD under Section 514 or | 21 |
| 515 of the Housing
Act of 1949;
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| (v) insured or held by HUD under the United States | 23 |
| Housing Act of 1937;
or
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| (vi) held by HUD and formerly insured under a | 25 |
| program listed in
subdivision (i), (ii), (iii), (iv), | 26 |
| or (v).
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| (b) This Section applies only if all of the following | 2 |
| conditions are
met:
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| (1) The verified complaint seeks possession of | 4 |
| premises that are
subsidized housing as defined under this | 5 |
| Section.
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| (2) The verified complaint alleges that there is direct | 7 |
| evidence of
refusal by the tenant to allow the
landlord or | 8 |
| agent of the landlord
or other person authorized by State | 9 |
| or federal law or regulations or local
ordinance to inspect | 10 |
| the
premises,
provided that all of the following conditions | 11 |
| have been met:
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| (A) on 2 separate occasions within a 30 day period | 13 |
| the tenant, or
another person on the premises with the | 14 |
| consent of the tenant, refuses to
allow the landlord or | 15 |
| agent of the landlord or other person authorized by | 16 |
| State
or federal law or regulations or local ordinance | 17 |
| to
inspect the
premises;
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| (B) the landlord then sends written notice to the | 19 |
| tenant stating
that
(i) the
tenant, or a person on the | 20 |
| premises with the consent of the tenant, failed
twice | 21 |
| within a 30 day period to allow the landlord
or agent | 22 |
| of the landlord or other person authorized by State or | 23 |
| federal law or
regulations or local ordinance to | 24 |
| inspect the premises and
(ii) the tenant must allow the | 25 |
| landlord or agent
of the landlord or other person | 26 |
| authorized by State or federal law or
regulations or |
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| local ordinance to inspect the premises within
the next | 2 |
| 30 days or face emergency eviction proceedings under | 3 |
| this Section;
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| (C) the tenant subsequently fails to allow the | 5 |
| landlord
or agent of the landlord or other person | 6 |
| authorized by State or federal law or
regulations or | 7 |
| local ordinance to
inspect the premises within 30 days | 8 |
| of receiving the notice from the
landlord; and
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| (D) the tenant's written lease states that the | 10 |
| occurrence of the
events described in items (A), (B), | 11 |
| and (C) may result in eviction.
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| (3) Notice, by verified complaint setting forth the | 13 |
| relevant facts, and a
demand for possession of the type | 14 |
| specified in Section 9-104 is served on
the tenant or | 15 |
| occupant of the premises at least 7 14 days before a | 16 |
| hearing on
the complaint is held, and proof of service of | 17 |
| the complaint is submitted
by the plaintiff to the court.
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| (c) When a complaint has been filed under this Section, a | 19 |
| hearing on the
complaint shall be scheduled on any day after | 20 |
| the expiration of 7 14 days
following the filing of the | 21 |
| complaint. The summons shall advise the defendant
that a | 22 |
| hearing on the complaint shall be held at the specified date | 23 |
| and time,
and that the defendant should be prepared to present | 24 |
| any evidence on his or her
behalf at that time.
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| (d) If the defendant does not appear at the hearing, | 26 |
| judgment for
possession of the premises in favor of the |
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| plaintiff shall be entered by
default. If the defendant | 2 |
| appears, a trial shall be held immediately as is
prescribed in | 3 |
| other proceedings for possession. The matter shall not be
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| continued beyond 7 days from the date set for the first hearing | 5 |
| on the
complaint except by agreement of both the plaintiff and | 6 |
| the defendant. After a
trial, if the court finds, by a | 7 |
| preponderance of the evidence, that the
allegations in the | 8 |
| complaint have been proven, the court shall enter judgment
for | 9 |
| possession of the premises in favor of the plaintiff and the | 10 |
| court shall
order that the plaintiff shall be entitled to | 11 |
| re-enter the premises
immediately.
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| (e) A judgment for possession entered under this Section | 13 |
| may not be
stayed for any period in excess of 7 days by the | 14 |
| court. Thereafter the
plaintiff shall be entitled to re-enter | 15 |
| the premises immediately. The sheriff
or other lawfully | 16 |
| deputized officers shall give priority to service and
execution | 17 |
| of orders entered under this Section over other possession
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| orders.
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| (Source: P.A. 89-660, eff. 1-1-97.)
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| (735 ILCS 5/9-120)
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| Sec. 9-120. Leased premises used in furtherance of a | 22 |
| criminal offense;
lease void at option of lessor or assignee. | 23 |
| (a) If any lessee or occupant, on one or more occasions, | 24 |
| uses or permits the
use of leased premises for the commission | 25 |
| of any act that would constitute a
felony or a Class A |
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| misdemeanor under the laws of this State, the lease or
rental | 2 |
| agreement shall, at the option of the lessor or
the lessor's
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| assignee become void, and the owner or lessor shall be entitled | 4 |
| to recover
possession of the leased premises as against a | 5 |
| tenant holding over after the
expiration of his or her term.
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| (b) The owner or lessor may bring a forcible entry and | 7 |
| detainer action, or,
if
the State's Attorney of the county in | 8 |
| which the real property is
located agrees, assign to that | 9 |
| State's Attorney the right to bring a forcible
entry and | 10 |
| detainer action on behalf of
the owner or lessor, against the | 11 |
| lessee and all occupants of the leased
premises. The assignment | 12 |
| must be in writing on a form prepared by the State's
Attorney | 13 |
| of the county in which the real property is located. If the | 14 |
| owner or
lessor assigns the right to bring a forcible entry and | 15 |
| detainer action, the
assignment shall be limited to those | 16 |
| rights and duties up to and including
delivery of the order of | 17 |
| eviction to the sheriff for execution. The owner or
lessor | 18 |
| shall remain liable for the cost of the eviction whether or not | 19 |
| the
right to bring the forcible entry and detainer action has | 20 |
| been assigned.
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| (c) A person does not forfeit any part of his or her | 22 |
| security deposit due
solely to an eviction under the provisions | 23 |
| of this Section, except that a
security deposit may be used to | 24 |
| pay fees charged by the sheriff for carrying
out an eviction.
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| (d) If a lessor or the lessor's assignee voids a lease or | 26 |
| contract under the
provisions of this Section and the tenant or |
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| occupant has not vacated the
premises within 3 5 days after | 2 |
| receipt of a written notice to vacate the
premises, the lessor | 3 |
| or lessor's assignee may seek relief under this Article
IX. | 4 |
| Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, | 5 |
| judgment for costs against a plaintiff seeking
possession of | 6 |
| the premises under this Section shall not be awarded to the
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| defendant unless the action was brought by the plaintiff in bad | 8 |
| faith. An
action to possess premises under this Section shall | 9 |
| not be deemed to be in bad
faith when the plaintiff based his | 10 |
| or her cause of action on information
provided to him or her by | 11 |
| a law enforcement agency or the State's Attorney.
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| (e) After a trial, if the court finds, by a
preponderance | 13 |
| of the evidence,
that the allegations in the complaint have | 14 |
| been proven, the court
shall enter judgment for possession of | 15 |
| the premises in favor of the plaintiff
and the court shall | 16 |
| order that the plaintiff shall be entitled to re-enter the
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| premises immediately.
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| (f) A judgment for
possession of the premises entered in an | 19 |
| action brought by a lessor or lessor's
assignee, if the action | 20 |
| was brought
as a result of a lessor or lessor's assignee | 21 |
| declaring a lease void
pursuant to this Section,
may not be | 22 |
| stayed for any period in excess of 5 7 days by the court unless | 23 |
| all
parties agree to a longer period.
Thereafter the plaintiff | 24 |
| shall be entitled to re-enter the premises
immediately. The | 25 |
| sheriff or other lawfully deputized officers shall execute an
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| order entered pursuant to this Section
within 5 7 days of its |
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| entry, or within 5 7 days of the expiration of
a stay of | 2 |
| judgment, if one is entered.
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| (g) Nothing in this Section shall limit the rights of an | 4 |
| owner or lessor
to bring a forcible entry and detainer action | 5 |
| on the basis of other applicable
law.
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| (Source: P.A. 90-360, eff. 1-1-98.)
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