Bill Text: IL HB1309 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. In provisions concerning leased premises used in furtherance of a criminal offense, provides that a written lease shall contain language that the commission of any act by the lessee, occupant, household member of the lessee or occupant, or guest of the lessee or occupant that would constitute a felony or Class A misdemeanor shall give the owner or lessor the right to void the lease and recover possession of the leased premises. Provides that under specified circumstances, an owner or lessor may assign to the State's Attorney of the county or the corporation counsel of the municipality in which the property is located (instead of the State's Attorney) the right to bring a forcible entry and detainer action on behalf of the owner or lessor. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB1309 Detail]

Download: Illinois-2011-HB1309-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1309 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-120
Amends the Code of Civil Procedure. In provisions concerning leased premises used in furtherance of a criminal offense, provides that a written lease shall contain language that the commission of any act by the lessee, occupant, household member of the lessee or occupant, or guest of the lessee or occupant that would constitute a felony or Class A misdemeanor shall give the owner or lessor the right to void the lease and recover possession of the leased premises. Provides that under specified circumstances, an owner or lessor may assign to the State's Attorney of the county or the corporation counsel of the municipality in which the property is located (instead of the State's Attorney) the right to bring a forcible entry and detainer action on behalf of the owner or lessor. Effective immediately.
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A BILL FOR
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AN ACT concerning civil law.
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 9-120 as follows:
(735 ILCS 5/9-120)
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. A
written lease shall contain language that the commission of any
act by the lessee, occupant, household member of the lessee or
occupant, or guest of the lessee or occupant that would
constitute a felony or a Class A misdemeanor under the laws of
this State shall give the owner or lessor the right to void the
lease and recover possession of the leased premises. Failure to
include this language in a lease or if the lease is oral shall

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not waive or impair the rights of the lessor or lessor's
assignee under this Section or the lease.
(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 or the corporation counsel
of the municipality in which the real property is located
agrees, assign to that State's Attorney or corporation counsel
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 or the corporation
counsel of the municipality in which the real property is
located, as applicable. 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

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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, or the
municipality.
(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

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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.
(Source: P.A. 90-360, eff. 1-1-98.)