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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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Rep. Anthony DeLuca

Filed: 3/15/2011

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AMENDMENT TO HOUSE BILL 1309
AMENDMENT NO. ______. Amend House Bill 1309 by replacing
everything after the enacting clause with the following:
"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

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written lease for a residential dwelling unit shall contain
language that the commission of any act on the premises 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
or state this language in an oral or written lease for a
residential dwelling unit shall 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 alleging the criminal activity
and any other lease violations to be considered. 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

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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 as if the tenant were
holding over after the expiration of his or her term 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 of criminal activity in
the complaint have been proven, the court shall enter judgment

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for possession of the premises in favor of the lessor plaintiff
and the court shall order that the plaintiff shall be entitled
to re-enter the premises immediately. After a trial, if the
court finds that criminal activity has not been proven, but has
found: (i) that the tenant or occupant has otherwise violated
the lease in a manner so as to be a significant disturbance to
the quiet enjoyment of other tenants or neighbors, and (ii)
that the lessor had previously given written notice to the
tenant or occupant, delivered by personal service or by posting
on the premises, of such lease violation at least 10 days prior
to the start of recovery of possession under this Section, then
the court may enter judgment for possession of the premises in
favor of the plaintiff and the court shall order that the
lessor 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

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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.)
Section 99. Effective date. This Act takes effect upon
becoming law.".