Bill Text: IL SB3299 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Code of Civil Procedure. Provides that when notification is made to a lessor by a governmental agency of an act under the Section concerning leased premises used in furtherance of a criminal offense, the governmental agencies having jurisdiction over the leased premises shall provide the owner, lessor, or agent with the information reasonably necessary to substantiate the required elements of a forcible entry and detainer action. Provides that a municipality or other governmental entity may not require an owner, lessor, or agent to bring a forcible entry and detainer action or impose a penalty on the owner, lessor, or agent for failure to evict when notification is made.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3299 Detail]

Download: Illinois-2013-SB3299-Amended.html

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Sen. Dave Syverson

Filed: 3/19/2014

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AMENDMENT TO SENATE BILL 3299
AMENDMENT NO. ______. Amend Senate Bill 3299 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 shall notify the lessee that if any lessee or
occupant, on one or more occasions, uses or permits the use of
the leased premises for the commission of a felony or Class A
misdemeanor under the laws of this State, the lessor shall have
the right to void the lease and recover the leased premises.
Failure to include this language in a written lease or the use
of an oral lease shall not waive or impair the rights of the
lessor or lessor's assignee under this Section or the lease.
This Section shall not be construed so as to diminish the
rights of a lessor, if any, to terminate a lease for other
reasons permitted under law or pursuant to the lease agreement.
This Section shall not be construed to require a lessor to void
a lease and recover possession of the leased premises, nor
shall a lessor be penalized for declining to void a lease for
the commission of an act qualifying under this Section.
(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. 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

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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 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 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, the State's Attorney, or the
municipality.
(e) After a trial, if the court finds, by a preponderance

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of the evidence, that the allegations in the complaint have
been proven, the court shall enter judgment for possession of
the premises in favor of the plaintiff and the court shall
order that the plaintiff 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
owner or lessor to bring a forcible entry and detainer action
on the basis of other applicable law.
(Source: P.A. 97-236, eff. 8-2-11.)".