Bill Text: IL SB0758 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that if the landlord, or his or her agent or attorney, is unable to personally serve the demand on the tenant, then constructive service of the demand may be accomplished. Makes corresponding changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB0758 Detail]

Download: Illinois-2017-SB0758-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB0758 Introduced 2/1/2017, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-107 from Ch. 110, par. 9-107
735 ILCS 5/9-211 from Ch. 110, par. 9-211
Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that if the landlord, or his or her agent or attorney, is unable to personally serve the demand on the tenant, then constructive service of the demand may be accomplished. Makes corresponding changes.
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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 9-107 and 9-211 as follows:
(735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
Sec. 9-107. Constructive service. If: (1) the plaintiff,
his or her agent, or attorney files a forcible detainer action,
with or without joinder of a claim for rent in the complaint,
and is unable to obtain personal service on the defendant or
unknown occupant and a summons duly issued in such action is
returned without service stating that service can not be
obtained; or (2) the landlord, or his or her agent or attorney,
is unable to personally serve the demand on the tenant by any
of the means listed in Section 9-211 of this Code, then the
plaintiff or landlord or , his or her agent or attorney may file
an affidavit stating that the defendant or unknown occupant is
not a resident of this State, or has departed from this State,
or on due inquiry cannot be found, or is concealed within this
State so that the demand or process cannot be served upon him
or her, and also stating the place of residence of the
defendant or unknown occupant, if known, or if not known, that
upon diligent inquiry the affiant has not been able to

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ascertain the defendant's or unknown occupant's place of
residence, then in all such forcible detainer cases whether or
not a claim for rent is joined with the complaint for
possession, the defendant or unknown occupant may be notified
by posting and mailing of notices; or by publication and
mailing, as provided for in Section 2-206 of this Act. However,
in cases where the defendant or unknown occupant is notified by
posting and mailing of notices or by publication and mailing,
and the defendant or unknown occupant does not appear
generally, the court may rule only on the portion of the
complaint which seeks judgment for possession, and the court
shall not enter judgment as to any rent claim joined in the
complaint or enter personal judgment for any amount owed by a
unit owner for his or her proportionate share of the common
expenses, however, an in rem judgment may be entered against
the unit for the amount of common expenses due, any other
expenses lawfully agreed upon or the amount of any unpaid fine,
together with reasonable attorney fees, if any, and costs. The
claim for rent may remain pending until such time as the
defendant or unknown occupant appears generally or is served
with summons, but the order for possession shall be final,
enforceable and appealable if the court makes an express
written finding that there is no just reason for delaying
enforcement or appeal, as provided by Supreme Court rule of
this State.
The contents of the demand shall be as provided in this

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Article. The notice of the summons Such notice shall be in the
name of the clerk of the court, be directed to the defendant or
unknown occupant, shall state the nature of the cause against
the defendant or unknown occupant and at whose instance issued
and the time and place for trial, and shall also state that
unless the defendant or unknown occupant appears at the time
and place fixed for trial, judgment will be entered by default,
and shall specify the character of the judgment that will be
entered in such cause. The sheriff shall post 3 copies of the
demand or notice of summons notice in 3 public places in the
neighborhood of the court where the cause is to be tried, at
least 10 days prior to the day set for the appearance, and, if
the place of residence of the defendant or unknown occupant is
stated in any affidavit on file, shall at the same time mail
one copy of the notice addressed to such defendant or unknown
occupant at such place of residence shown in such affidavit. On
or before the day set for the appearance, the sheriff shall
file the notice with an endorsement thereon stating the time
when and places where the sheriff posted and to whom and at
what address he or she mailed copies as required by this
Section. For want of sufficient notice any cause may be
continued from time to time until the court has jurisdiction of
the defendant or unknown occupant.
(Source: P.A. 92-823, eff. 8-21-02.)
(735 ILCS 5/9-211) (from Ch. 110, par. 9-211)

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Sec. 9-211. Service of demand or notice. Except as provided
in Section 9-107, any Any demand may be made or notice served
by delivering a written or printed, or partly written and
printed, copy thereof to the tenant, or by leaving the same
with some person of the age of 13 years or upwards, residing on
or in possession of the premises; or by sending a copy of the
notice to the tenant by certified or registered mail, with a
returned receipt from the addressee; and in case no one is in
the actual possession of the premises, then by posting the same
on the premises.
(Source: P.A. 83-355.)