Bill Text: IL HB5864 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Remedy to Remove Unauthorized Persons from Residential Real Property Act. Authorizes a property owner or authorized agent to request the sheriff for the immediate removal of a person or persons unlawfully occupying a residential dwelling. Creates a statutory form for the property owner to complete to give to the sheriff to use the provisions of the Act. Provides that if the sheriff verifies the information in the form, the sheriff must serve a notice on the unlawful occupant to vacate the dwelling. Authorizes the sheriff, if appropriate, to arrest any person for trespass, outstanding warrants, or any other legal cause. Authorizes the property owner to request the sheriff to remain on the premises to keep the peace while the locks are changed or the personal property of the unlawful occupant is removed. Authorizes the sheriff to charge a reasonable hourly rate to do so. Amends the Criminal Code of 2012. Provides that a person commits a Class 4 felony if he or she lists or advertises residential real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-11-12 - Referred to Rules Committee [HB5864 Detail]

Download: Illinois-2023-HB5864-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5864 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
New Act
720 ILCS 5/17-5.8 new
Creates the Remedy to Remove Unauthorized Persons from Residential Real Property Act. Authorizes a property owner or authorized agent to request the sheriff for the immediate removal of a person or persons unlawfully occupying a residential dwelling. Creates a statutory form for the property owner to complete to give to the sheriff to use the provisions of the Act. Provides that if the sheriff verifies the information in the form, the sheriff must serve a notice on the unlawful occupant to vacate the dwelling. Authorizes the sheriff, if appropriate, to arrest any person for trespass, outstanding warrants, or any other legal cause. Authorizes the property owner to request the sheriff to remain on the premises to keep the peace while the locks are changed or the personal property of the unlawful occupant is removed. Authorizes the sheriff to charge a reasonable hourly rate to do so. Amends the Criminal Code of 2012. Provides that a person commits a Class 4 felony if he or she lists or advertises residential real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property.
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A BILL FOR
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AN ACT concerning real property.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Remedy
to Remove Unauthorized Persons from Residential Real Estate
Act.
Section 5. Findings. The General Assembly finds that the
right to exclude others from entering and the right to direct
others to immediately vacate residential real property are the
most important real property rights. The General Assembly
further finds that existing remedies regarding unauthorized
persons who unlawfully remain on residential real property
fail to adequately protect the rights of the property owner
and fail to adequately discourage theft and vandalism. The
intent of this Act is to quickly restore possession of
residential real property to the lawful owner of the property
when the property is being unlawfully occupied and to preserve
property rights while limiting the opportunity for criminal
activity.
Section 10. Conditions of removal and statutory form.
(a) A property owner or authorized agent may request the
sheriff of the county in which the property is located for the

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immediate removal of a person or persons unlawfully occupying
a residential dwelling under this Act if all of the following
conditions are met:
(1) The requesting person is the property owner or
authorized agent of the property owner.
(2) The real property that is being occupied includes
a residential dwelling.
(3) An unauthorized person or persons have unlawfully
entered and remain or continue to reside on the property
owner's property.
(4) The real property was not open to members of the
public at the time the unauthorized person or persons
entered.
(5) The property owner has directed the unauthorized
person to leave the property.
(6) The unauthorized person or persons are not current
or former tenants under a written or oral rental agreement
authorized by the property owner.
(7) The unauthorized person or persons are not
immediate family members of the property owner.
(8) There is no pending litigation related to the real
property between the property owner and any known
unauthorized person.
(b) To request the immediate removal of an unlawful
occupant of a residential dwelling, the property owner or
authorized agent must submit a complaint by presenting a

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completed and verified Complaint to Remove Persons Unlawfully
Occupying Residential Real Property to the sheriff of the
county in which the real property is located. The submitted
complaint must be in substantially the following form:
COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING
RESIDENTIAL REAL PROPERTY
I, the owner or authorized agent of the owner of the real
property located at ... ..., declare under the penalty of
perjury that (initial each box):
1. .... I am the owner of the real property or the
authorized agent of the owner of the real property.
2. .... I purchased the property on .....
3. .... The real property is a residential dwelling.
4. .... An unauthorized person or persons have
unlawfully entered and are remaining or residing
unlawfully on the real property.
5. .... The real property was not open to members of
the public at the time the unauthorized person or persons
entered.
6. .... I have directed the unauthorized person or
persons to leave the real property, but they have not done
so.
7. .... The person or persons are not current or
former tenants under any valid lease authorized by the
property owner, and any lease that may be produced by an

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occupant is fraudulent.
8. .... The unauthorized person or persons sought to
be removed are not an owner or a co-owner of the property
and have not been listed on the title to the property
unless the person or persons have engaged in title fraud.
9. .... The unauthorized person or persons are not
immediate family members of the property owner.
10. .... There is no litigation related to the real
property pending between the property owner and any person
sought to be removed.
11. .... I understand that a person or persons removed
from the property under this procedure may bring an action
against me for any false statements made in this complaint
or for wrongfully using this procedure, and that as a
result of such action I may be held liable for actual
damages, penalties, costs, and reasonable attorney's fees.
12. .... I am requesting the sheriff to immediately
remove the unauthorized person or persons from the
residential property.
13. .... A copy of my valid government-issued
identification is attached, or I am an agent of the
property owner, and documents evidencing my authority to
act on the property owner's behalf are attached.
I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT AND
EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE
STATEMENTS MADE IN THIS COMPLAINT ARE BEING MADE UNDER PENALTY

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OF PERJURY.
...(Signature of Property Owner or Agent of Owner)
Section 15. Sheriff's duties and fees.
(a) Upon receipt of the complaint, the sheriff shall
verify that the person submitting the complaint is the record
owner of the real property or the authorized agent of the owner
and appears otherwise entitled to relief under this Act. If
verified, the sheriff shall, without delay, serve a notice to
immediately vacate on all the unlawful occupants and shall put
the owner in possession of the real property. Service may be
accomplished by hand delivery of the notice to an occupant or
by posting the notice on the front door or entrance of the
dwelling. The sheriff shall also attempt to verify the
identities of all persons occupying the dwelling and note the
identities on the return of service. If appropriate, the
sheriff may arrest any person found in the dwelling for
trespass, outstanding warrants, or any other legal cause.
(b) The sheriff is entitled to the same fee for service of
the notice to immediately vacate as if the sheriff were
serving an eviction order under Article IX of the Code of Civil
Procedure. After the sheriff serves the notice to immediately
vacate, the property owner or authorized agent may request
that the sheriff stand by to keep the peace while the property
owner or agent of the owner changes the locks and removes the
personal property of the unlawful occupants from the premises

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to or near the property line. When such a request is made, the
sheriff may charge a reasonable hourly rate to the person
requesting the sheriff's services. The sheriff is not liable
to the unlawful occupant or any other party for loss,
destruction, or damage of property. The property owner or his
or her authorized agent is not liable to an unlawful occupant
or any other party for the loss, destruction, or damage to the
personal property unless the removal was wrongful.
Section 20. Civil action for wrongful removal. A person
may bring a civil action for wrongful removal under this Act. A
person harmed by a wrongful removal under this Act may be
restored to possession of the real property and may recover
actual costs and damages incurred, statutory damages equal to
triple the fair market rent of the dwelling, court costs, and
reasonable attorney's fees. The court is requested to give
such an action priority on its calendar. This Act does not
limit the rights of a property owner or limit the authority of
a law enforcement officer to arrest an unlawful occupant for
trespassing, vandalism, theft, or other crimes.
Section 900. The Criminal Code of 2012 is amended by
adding Section 17-5.8 as follows:
(720 ILCS 5/17-5.8 new)
Sec. 17-5.8. Unlawful listing or advertising. A person who

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