State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

90_SB0278enr

      735 ILCS 5/9-120 new
          Amends the Forcible Entry and Detainer provisions of  the
      Code  of Civil Procedure.  Adds a Section relating to uniform
      procedures of sheriffs in court ordered evictions.   Provides
      only a heading to the Section.
                                                     LRB9002205RCks
SB278 Enrolled                                 LRB9002205RCks
 1        AN  ACT  to amend the Code of Civil Procedure by changing
 2    Sections 9-104, 9-209,  and  9-211,  and  by  adding  Section
 3    9-107.5.
 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:
 6        Section 5.  The Code of Civil  Procedure  is  amended  by
 7    changing  Sections  9-104,  9-209,  and  9-211, and by adding
 8    Section 9-107.5 as follows:
 9        (735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
10        Sec. 9-104.   Demand  -  Notice  -  Return.   The  demand
11    required  by  Section  9-102  of  this  Act  may  be  made by
12    delivering a copy thereof to the tenant, or by leaving such a
13    copy with some person of the age  of  13  years  or  upwards,
14    residing  on, or being in charge of, the premises; or in case
15    no one is in the actual possession of the premises  or  those
16    in  possession  are  not parties to any written lease, rental
17    agreement, or right to possession agreement for the premises,
18    then by delivering a copy thereof, directed to those persons,
19    to the tenant or by leaving a copy of the  notice  with  some
20    person  of  the  age of 13 years or upwards residing on or in
21    possession of the premises, or  by  sending  a  copy  of  the
22    notice   to  the  tenants,  directed  to  those  persons,  by
23    certified or registered mail with a returned receipt from the
24    addressee; or by posting the same on the premises. When  such
25    demand is made by an officer authorized to serve process, his
26    or  her  return  is prima facie evidence of the facts therein
27    stated, and if such demand is  made  by  any  person  not  an
28    officer, the return may be sworn to by the person serving the
29    same,  and  is then prima facie evidence of the facts therein
30    stated. The demand for possession may  be  in  the  following
31    form: To ....
SB278 Enrolled              -2-                LRB9002205RCks
 1        I  hereby  demand  immediate  possession of the following
 2    described premises: (describing the same.)
 3        The demand shall be signed by the  person  claiming  such
 4    possession, his or her agent, or attorney.
 5    (Source: P.A. 83-1362.)
 6        (735 ILCS 5/9-107.5 new)
 7        Sec.  9-107.5.   Notice  to  others.   Whenever,  in  any
 8    forcible  entry  and  detainer action, the plaintiff believes
 9    that a person or persons having no rental  agreement,  lease,
10    or right to possession agreement with plaintiff are or may be
11    occupying or possessing the premises, plaintiff or his or her
12    attorney  shall  file,  simultaneously  with  the  filing  of
13    plaintiff's complaint against the tenant or at any time prior
14    to entry of the judgment for possession, at the office of the
15    clerk  of  the  court  in  which  the  action  is pending, an
16    affidavit indicating that the premises is or may be  occupied
17    by  one  or  more  persons  not  having any rental agreement,
18    lease, or right to possession agreement with  plaintiff,  and
19    upon  filing  thereof  the  clerk  shall  cause a posting and
20    mailing of notices to be  made  on  the  premises  for  which
21    possession  is  being  sought.    Such posting and mailing of
22    notices shall be effected, and shall contain the  information
23    required, consistent with Section 9-107 of this Act.
24        (735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
25        Sec.  9-209.  Demand  for rent - Action for possession. A
26    landlord or his or her agent may, any time after rent is due,
27    demand payment thereof and notify  the  tenant,  in  writing,
28    that  unless  payment is made within a time mentioned in such
29    notice, not less than 5 days after service thereof, the lease
30    will be terminated. If the tenant does not  within  the  time
31    mentioned  in such notice, pay the rent due, the landlord may
32    consider the lease ended, and sue for  the  possession  under
SB278 Enrolled              -3-                LRB9002205RCks
 1    the  statute  in  relation to forcible entry and detainer, or
 2    maintain ejectment without further notice or demand. A  claim
 3    for  rent  may  be  joined  in  the complaint, and a judgment
 4    obtained for the amount of rent found due, in any  action  or
 5    proceeding  brought,  in  an  action  of  forcible  entry and
 6    detainer for the possession of  the  leased  premises,  under
 7    this Section.
 8        Notice   made   pursuant   to   this  Section  shall,  as
 9    hereinafter stated, not be invalidated by  payments  of  past
10    due rent demanded in the notice, when the payments do not, at
11    the  end  of  the notice period, total the amount demanded in
12    the notice.  The landlord may, however, agree in  writing  to
13    continue the lease in exchange for receiving partial payment.
14    To prevent invalidation, the notice must prominently state:
15        "Only  FULL  PAYMENT  of the rent demanded in this notice
16    will waive the landlord's right to terminate the lease  under
17    this  notice,  unless  the  landlord  agrees  in  writing  to
18    continue   the   lease  in  exchange  for  receiving  partial
19    payment."
20        Collection by the landlord of past  rent  due  after  the
21    filing  of  a  suit  for  possession or ejectment pursuant to
22    failure of the tenant to pay the rent demanded in the  notice
23    shall not invalidate the suit.
24        If  additional rent accrues after the complaint is filed,
25    the plaintiff may amend the claim for rent in  the  complaint
26    at  any  time  before  the entry of judgment, without further
27    notice to the defendant.
28    (Source: P.A. 83-1398.)
29        (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
30        Sec. 9-211. Service of demand or notice.  Any demand  may
31    be  made or notice served by delivering a written or printed,
32    or partly written and printed, copy thereof to the tenant, or
33    by leaving the same with some person of the age of  13  years
SB278 Enrolled              -4-                LRB9002205RCks
 1    or  upwards, residing on or in possession of the premises; or
 2    by sending a copy of the notice to the tenant by certified or
 3    registered mail, with a returned receipt from the  addressee;
 4    and  in  case  no  one  is  in  the  actual possession of the
 5    premises, then by posting the same on the premises.
 6        In addition, demand may be made or notice served  on  any
 7    person  or  persons occupying, residing in, or possessing the
 8    premises who are not  parties  to  a  written  lease,  rental
 9    agreement,  or right to possession agreement for the premises
10    by delivering  a  copy  of  the  notice,  directed  to  those
11    persons,  to  the  tenant  or by leaving a copy of the notice
12    with some person of the age of 13 years or upwards,  residing
13    on  or in possession of the premises; or by sending a copy of
14    the notice to the  tenant,  directed  to  those  persons,  by
15    certified or registered mail with a returned receipt from the
16    addressee;  or  by  posting  a  copy  of  the  notice  on the
17    premises.
18    (Source: P.A. 83-355.)
19        Section 99.  Effective date.  This Act takes effect  upon
20    becoming law.

[ Top ]