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90_HB1140enr
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 changing
2 Section 9-106 and adding 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 changing Section 9-106 and adding Section 9-120 as follows:
7 (735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
8 Sec. 9-106. Pleadings and evidence. On complaint by the
9 party or parties entitled to the possession of such premises
10 being filed in the circuit court for the county where such
11 premises are situated, stating that such party is entitled to
12 the possession of such premises (describing the same with
13 reasonable certainty), and that the defendant (naming the
14 defendant) unlawfully withholds the possession thereof from
15 him, her or them, the clerk of the court shall issue a
16 summons.
17 The defendant may under a general denial of the
18 allegations of the complaint offer in evidence any matter in
19 defense of the action. Except as otherwise provided in
20 Section 9-120, no matters not germane to the distinctive
21 purpose of the proceeding shall be introduced by joinder,
22 counterclaim or otherwise. However, a claim for rent may be
23 joined in the complaint, and judgment may be entered for the
24 amount of rent found due.
25 (Source: P.A. 82-280.)
26 (735 ILCS 5/9-120 new)
27 Sec. 9-120. Leased premises used in furtherance of a
28 criminal offense; lease void at option of lessor or
29 assignee.
30 (a) If any lessee or occupant, on one or more occasions,
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1 uses or permits the use of leased premises for the commission
2 of any act that would constitute a felony or a Class A
3 misdemeanor under the laws of this State, the lease or rental
4 agreement shall, at the option of the lessor or the lessor's
5 assignee become void, and the owner or lessor shall be
6 entitled to recover possession of the leased premises as
7 against a tenant holding over after the expiration of his or
8 her term.
9 (b) The owner or lessor may bring a forcible entry and
10 detainer action, or, if the State's Attorney of the county in
11 which the real property is located agrees, assign to that
12 State's Attorney the right to bring a forcible entry and
13 detainer action on behalf of the owner or lessor, against the
14 lessee and all occupants of the leased premises. The
15 assignment must be in writing on a form prepared by the
16 State's Attorney of the county in which the real property is
17 located. If the owner or lessor assigns the right to bring a
18 forcible entry and detainer action, the assignment shall be
19 limited to those rights and duties up to and including
20 delivery of the order of eviction to the sheriff for
21 execution. The owner or lessor shall remain liable for the
22 cost of the eviction whether or not the right to bring the
23 forcible entry and detainer action has been assigned.
24 (c) A person does not forfeit any part of his or her
25 security deposit due solely to an eviction under the
26 provisions of this Section, except that a security deposit
27 may be used to pay fees charged by the sheriff for carrying
28 out an eviction.
29 (d) If a lessor or the lessor's assignee voids a lease
30 or contract under the provisions of this Section and the
31 tenant or occupant has not vacated the premises within 5 days
32 after receipt of a written notice to vacate the premises, the
33 lessor or lessor's assignee may seek relief under this
34 Article IX. Notwithstanding Sections 9-112, 9-113, and 9-114
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1 of this Code, judgment for costs against a plaintiff seeking
2 possession of the premises under this Section shall not be
3 awarded to the defendant unless the action was brought by the
4 plaintiff in bad faith. An action to possess premises under
5 this Section shall not be deemed to be in bad faith when the
6 plaintiff based his or her cause of action on information
7 provided to him or her by a law enforcement agency or the
8 State's Attorney.
9 (e) After a trial, if the court finds, by a
10 preponderance of the evidence, that the allegations in the
11 complaint have been proven, the court shall enter judgment
12 for possession of the premises in favor of the plaintiff and
13 the court shall order that the plaintiff shall be entitled to
14 re-enter the premises immediately.
15 (f) A judgment for possession of the premises entered in
16 an action brought by a lessor or lessor's assignee, if the
17 action was brought as a result of a lessor or lessor's
18 assignee declaring a lease void pursuant to this Section, may
19 not be stayed for any period in excess of 7 days by the court
20 unless all parties agree to a longer period. Thereafter the
21 plaintiff shall be entitled to re-enter the premises
22 immediately. The sheriff or other lawfully deputized officers
23 shall execute an order entered pursuant to this Section
24 within 7 days of its entry, or within 7 days of the
25 expiration of a stay of judgment, if one is entered.
26 (g) Nothing in this Section shall limit the rights of an
27 owner or lessor to bring a forcible entry and detainer action
28 on the basis of other applicable law.