Public Act 90-0360 of the 90th General Assembly

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Public Act 90-0360

HB1140 Enrolled                                LRB9002579WHmg

    AN ACT to amend the Code of Civil Procedure  by  changing
Section 9-106 and adding Section 9-120.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Code of Civil  Procedure  is  amended  by
changing Section 9-106 and adding Section 9-120 as follows:

    (735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
    Sec.  9-106. Pleadings and evidence.  On complaint by the
party or parties entitled to the possession of such  premises
being  filed  in  the circuit court for the county where such
premises are situated, stating that such party is entitled to
the possession of such premises  (describing  the  same  with
reasonable  certainty),  and  that  the defendant (naming the
defendant) unlawfully withholds the possession  thereof  from
him,  her  or  them,  the  clerk  of  the court shall issue a
summons.
    The  defendant  may  under  a  general  denial   of   the
allegations  of the complaint offer in evidence any matter in
defense of the action.    Except  as  otherwise  provided  in
Section  9-120,  no  matters  not  germane to the distinctive
purpose of the proceeding shall  be  introduced  by  joinder,
counterclaim  or  otherwise. However, a claim for rent may be
joined in the complaint, and judgment may be entered for  the
amount of rent found due.
(Source: P.A. 82-280.)

    (735 ILCS 5/9-120 new)
    Sec.  9-120.  Leased  premises  used  in furtherance of a
criminal  offense;    lease  void  at  option  of  lessor  or
assignee.
    (a)  If any lessee or occupant, on one or more occasions,
uses or permits the use of leased premises for the commission
of any act that would  constitute  a  felony  or  a  Class  A
misdemeanor under the laws of this State, the lease or rental
agreement  shall, at the option of the lessor or the lessor's
assignee become void,  and  the  owner  or  lessor  shall  be
entitled  to  recover  possession  of  the leased premises as
against a tenant holding over after the expiration of his  or
her term.
    (b)  The  owner  or lessor may bring a forcible entry and
detainer action, or, if the State's Attorney of the county in
which the real property is located  agrees,  assign  to  that
State's  Attorney  the  right  to  bring a forcible entry and
detainer action on behalf of the owner or lessor, against the
lessee  and  all  occupants  of  the  leased  premises.   The
assignment must be in writing  on  a  form  prepared  by  the
State's  Attorney of the county in which the real property is
located.  If the owner or lessor assigns the right to bring a
forcible entry and detainer action, the assignment  shall  be
limited  to  those  rights  and  duties  up  to and including
delivery  of  the  order  of  eviction  to  the  sheriff  for
execution.  The owner or lessor shall remain liable  for  the
cost  of  the  eviction whether or not the right to bring the
forcible entry and detainer action has been assigned.
    (c)  A person does not forfeit any part  of  his  or  her
security   deposit  due  solely  to  an  eviction  under  the
provisions of this Section, except that  a  security  deposit
may  be  used to pay fees charged by the sheriff for carrying
out an eviction.
    (d)  If a lessor or the lessor's assignee voids  a  lease
or  contract  under  the  provisions  of this Section and the
tenant or occupant has not vacated the premises within 5 days
after receipt of a written notice to vacate the premises, the
lessor or  lessor's  assignee  may  seek  relief  under  this
Article  IX. Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, judgment for costs against a plaintiff  seeking
possession  of  the  premises under this Section shall not be
awarded to the defendant unless the action was brought by the
plaintiff in bad faith.  An action to possess premises  under
this  Section shall not be deemed to be in bad faith when the
plaintiff based his or her cause  of  action  on  information
provided  to  him  or  her by a law enforcement agency or the
State's Attorney.
    (e)  After  a  trial,  if   the   court   finds,   by   a
preponderance  of  the  evidence, that the allegations in the
complaint have been proven, the court  shall  enter  judgment
for  possession of the premises in favor of the plaintiff and
the court shall order that the plaintiff shall be entitled to
re-enter the premises immediately.
    (f)  A judgment for possession of the premises entered in
an action brought by a lessor or lessor's  assignee,  if  the
action  was  brought  as  a  result  of  a lessor or lessor's
assignee declaring a lease void pursuant to this Section, may
not be stayed for any period in excess of 7 days by the court
unless all parties agree to a longer period.   Thereafter the
plaintiff  shall  be  entitled  to  re-enter   the   premises
immediately. The sheriff or other lawfully deputized officers
shall  execute  an  order  entered  pursuant  to this Section
within 7  days  of  its  entry,  or  within  7  days  of  the
expiration of a stay of judgment, if one is entered.
    (g)  Nothing in this Section shall limit the rights of an
owner or lessor to bring a forcible entry and detainer action
on the basis of other applicable law.

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