Bill Text: IL SB2601 | 2023-2024 | 103rd General Assembly | Enrolled

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

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Bill Title: Amends the Landlord and Tenant Act. Requires every landlord to clearly disclose to each of the landlord's tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. Provides that if a landlord fails to comply with such provision and the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after the flood occurred, and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice. Requires every landlord who leases a lower-level unit to clearly disclose to each of the landlord's lower-level unit tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit or any portion of the real property containing the lower-level unit has experienced flooding in the last 10 years and shall disclose the frequency of such flooding. Provides that if a landlord fails to comply with either of the above provisions and flooding occurs that results in damage to the tenant's personal property, affects the habitability of the leased property, or affects the tenant's access to the leased property, the tenant may: (1) terminate the lease by giving written notice to the landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and (2) bring an action against the landlord of the property to recover damages for personal property lost or damaged as a result of flooding. Provides a sample written disclosure.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0754 [SB2601 Detail]

Download: Illinois-2023-SB2601-Enrolled.html

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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 Landlord and Tenant Act is amended by
adding Section 25 as follows:
(765 ILCS 705/25 new)
Sec. 25. Disclosure of potential flooding in rental and
lease agreements.
(a) As used in this Section:
"Flood" and "flooding" mean a general or temporary
condition of partial or complete inundation of a dwelling or
property caused by:
(1) the overflow of inland or tidal waves;
(2) the unusual and rapid accumulation of runoff or
surface waters from any established water source such as a
river, stream, or drainage ditch; or
(3) rainfall.
"Lower-level unit" means any garden level unit, basement
level unit, or first floor level unit.
(b) Every landlord shall clearly disclose to each of the
landlord's tenants in writing prior to signing the lease for
the rental property that a rental property is located in the
Federal Emergency Management Agency (FEMA) Special Flood

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Hazard Area ("100-year floodplain") and if the landlord has
actual knowledge that the rental property or any portion of
the parking areas of the real property containing the rental
property has been subjected to flooding and the frequency of
such flooding. Such disclosure shall also be included in the
written lease or the written renewal lease and shall be signed
by both parties.
(c) Every landlord who leases a lower-level unit shall
clearly disclose to each of the landlord's lower-level unit
tenants in writing prior to the signing of the lease for the
lower-level unit if the lower-level unit or any portion of the
real property containing the lower-level unit has experienced
flooding in the last 10 years and shall disclose the frequency
of such flooding. Such disclosure shall also be included in
the written lease or the written renewal lease and shall be
signed by both parties.
(d) The written disclosure shall look substantially
similar to the following:
"(Landlord) [ ] is or [ ] is not aware that the rental
property is located in a FEMA Special Flood Hazard Area
("100-year floodplain"). The property has experienced flooding
[ ] times in the last 10 years. Even if the rental property is
not in a Special Flood Hazard Area ("100-year floodplain"),
the dwelling may still be susceptible to flooding. The Federal
Emergency Management Agency (FEMA) maintains a flood map on
its Internet website that is searchable by address, at no

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cost, to determine if a dwelling is located in a flood hazard
area.
(Landlord) [ ] is or [ ] is not aware that the rental
property you are renting has flooded at least once in the last
10 years. The rental property has flooded [ ] times in the last
10 years. Even if the dwelling has not flooded in the last 10
years, the dwelling may still be susceptible to flooding.
Most tenant insurance policies do not cover damage or loss
incurred in a flood. You are encouraged to examine your policy
to determine whether you are covered. If you are not, flood
insurance may be available through FEMA's National Flood
Insurance Program to cover your personal property in the event
of a flood. Information regarding flood risks can be found at
the dnr.illinois.gov (Illinois Department of Natural
Resources), fema.gov (FEMA), and ready.gov/flood (U.S.
National public service).
Landlords are required to disclose the above information
pursuant to Section 25 of the Landlord and Tenant Act. A
landlord's failure to comply with Section 25 of the Landlord
and Tenant Act shall entitle the tenant to remedies as defined
in that Section.
..........................
(Tenant Signature) (Date)
..........................
(Landlord Signature) (Date)"
(e) If a landlord fails to comply with subsection (b), and

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the tenant subsequently becomes aware that the property is
located in the FEMA Special Flood Hazard Area ("100-year
floodplain") the tenant may terminate the lease by giving
written notice of termination to the landlord no later than
the 30th day after a tenant becomes aware of the landlord's
failure to comply with subsection (b), and the landlord shall
return all rent and fees paid in advance no later than the 15th
day after the tenant gave notice.
If a landlord fails to comply with subsection (b) or
subsection (c) and flooding occurs that results in damage to
the tenant's personal property, affects the habitability of
the leased property, or affects the tenant's access to the
leased property, the tenant may:
(1) terminate the lease by giving written notice to
the landlord no later than the 30th day after the flood
occurred and the landlord shall return all rent and fees
paid in advance no later than the 15th day after the tenant
gave notice; and
(2) bring an action against the landlord of the
property to recover damages for personal property lost or
damaged as a result of flooding.
(e) Exemptions. This Section does not apply to farm
leases, concession leases, and rental properties owned or
managed by the Department of Natural Resources.
(f) This Section may not be interpreted to permit the
renting, leasing, or subleasing of lower-level units in a

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