Bill Text: IL SB1866 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Eviction Article of the Code of Civil Procedure. Provides that if the landlord, or the landlord's 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: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1866 Detail]

Download: Illinois-2021-SB1866-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1866 Introduced 2/26/2021, 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 Eviction Article of the Code of Civil Procedure. Provides that if the landlord, or the landlord's 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 an eviction 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 the landlord's 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

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able to ascertain the defendant's or unknown occupant's place
of residence, then in all such eviction 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
an eviction order, 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 eviction
order 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
Article. The notice of the summons Such notice shall be in the

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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. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
Sec. 9-211. Service of demand or notice. Except as

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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.)