Bill Text: IL SB3658 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure to provide that illegal possession of land during a 7-year period may not be used for a claim of adverse possession. Amends the Landlord and Tenant Act. Provides that no person shall have a right or legal standing to occupy or remain on or in any real property, residence, or structure where he or she has no written property interest under a written lease or rental agreement with the owner of the property listed in county tax records or no documentation of payment of rent made to the owner of the property. Provides that all persons legally occupying a property, residence, or structure shall be listed by name and date of birth on a lease, rental agreement, or rental application associated with the lease or rental agreement or provide evidence that the person is an invitee of a lessee or authorized occupant of the property. Provides that no subleasing shall be allowed or deemed as legal in contrast to a lease or rental agreement that specifically prohibit subleases. Provides that a sublease made in violation of a lease or rental agreement shall not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee and the sublessee shall vacate the property after receiving notice from the property owner of record to depart.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2024-05-03 - Rule 3-9(a) / Re-referred to Assignments [SB3658 Detail]

Download: Illinois-2023-SB3658-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3658 Introduced 2/9/2024, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
735 ILCS 5/13-102 from Ch. 110, par. 13-102
765 ILCS 705/21 new
Amends the Code of Civil Procedure to provide that illegal possession of land during a 7-year period may not be used for a claim of adverse possession. Amends the Landlord and Tenant Act. Provides that no person shall have a right or legal standing to occupy or remain on or in any real property, residence, or structure where he or she has no written property interest under a written lease or rental agreement with the owner of the property listed in county tax records or no documentation of payment of rent made to the owner of the property. Provides that all persons legally occupying a property, residence, or structure shall be listed by name and date of birth on a lease, rental agreement, or rental application associated with the lease or rental agreement or provide evidence that the person is an invitee of a lessee or authorized occupant of the property. Provides that no subleasing shall be allowed or deemed as legal in contrast to a lease or rental agreement that specifically prohibit subleases. Provides that a sublease made in violation of a lease or rental agreement shall not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee and the sublessee shall vacate the property after receiving notice from the property owner of record to depart.
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A BILL FOR
SB3658 LRB103 39454 JRC 69648 b
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 13-102 as follows:
(735 ILCS 5/13-102) (from Ch. 110, par. 13-102)
Sec. 13-102. Breach of condition subsequent. No person
shall commence an action for the recovery of lands, nor make an
entry thereon, by reason of the breach of a condition
subsequent, unless within 7 years after the time that
condition is first broken. Continuing, successive or recurring
breaches shall not extend the time for commencing the action
or making the entry. Possession shall be deemed to be adverse
and hostile from and after the first breach of a condition
subsequent, notwithstanding the occurrence of successive or
recurrent breaches. Possession is not adverse and hostile for
any time during a 7-year period the person was in possession of
lands in violation of Section 21 of the Landlord and Tenant
Act.
(Source: P.A. 82-280.)
Section 10. The Landlord and Tenant Act is amended by
adding Section 21 as follows:

SB3658 - 2 - LRB103 39454 JRC 69648 b