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90_HB1140
735 ILCS 5/9-120 new
Amends the Code of Civil Procedure. Provides that, if a
tenant uses or permits the use of leased premises for certain
criminal acts, the lease shall be void at the lessor's
option, and that the lessor (or the State's Attorney, if the
State's Attorney agrees to do so) may bring a forcible entry
action for the eviction of the lessee and all occupants in
accordance with specified requirements concerning notice,
procedure, costs, and deposits.
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1 AN ACT to amend the Code of Civil Procedure by adding
2 Section 9-120.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 adding Section 9-120 as follows:
7 (735 ILCS 5/9-120 new)
8 Sec. 9-120. Leased premises used in furtherance of a
9 criminal offense; lease void at option of lessor or
10 assignee.
11 (a) If any lessee or occupant, on one or more occasions,
12 uses or permits the use of leased premises for the commission
13 of any act that would constitute a felony or a Class A
14 misdemeanor under the laws of this State, the lease or rental
15 agreement shall, at the option of the lessor or the lessor's
16 assignee become void, and the owner or lessor shall be
17 entitled to recover possession of the leased premises as
18 against a tenant holding over after the expiration of his or
19 her term.
20 (b) The owner or lessor may bring a forcible entry and
21 detainer action, or, if the State's Attorney of the county in
22 which the real property is located agrees, assign to that
23 State's Attorney the right to bring a forcible entry and
24 detainer action on behalf of the owner or lessor, against the
25 lessee and all occupants of the leased premises. The
26 assignment must be in writing on a form prepared by the
27 State's Attorney of the county in which the real property is
28 located. If the owner or lessor assigns the right to bring a
29 forcible entry and detainer action, the assignment shall be
30 limited to those rights and duties up to and including
31 delivery of the order of eviction to the sheriff for
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1 execution. The owner or lessor shall remain liable for the
2 cost of the eviction whether or not the right to bring the
3 forcible entry and detainer action has been assigned.
4 (c) A person does not forfeit any part of his or her
5 security deposit due solely to an eviction under the
6 provisions of this Section.
7 (d) If a lessor or the lessor's assignee voids a lease
8 or contract under the provisions of this Section and the
9 tenant or occupant has not vacated the premises within 5 days
10 after receipt of a written notice to vacate the premises, the
11 lessor or lessor's assignee may seek relief under this
12 Article IX. Notwithstanding Sections 9-112, 9-113, and 9-114
13 of this Code, judgment for costs against a plaintiff seeking
14 possession of the premises under this Section shall not be
15 awarded to the defendant unless the action was brought by the
16 plaintiff in bad faith. An action to possess premises under
17 this Section shall not be deemed to be in bad faith when the
18 plaintiff based his or her cause of action on information
19 provided to him or her by a law enforcement agency or the
20 State's Attorney.
21 (e) Nothing in this Section shall limit the rights of an
22 owner or lessor to bring a forcible entry and detainer action
23 on the basis of other applicable law.