HB 1309 — CIV PRO-LEASE-FELONY-EVICT

*LRB09707117AJO47217b* HB1309 97THEngrossed GENERALLRB097 ASSEMBLY07117 StateAJO of47217 Illinoisb andAN 2012ACT HB1309concerning Introducedcivil 2/9/2011,law. by Rep.

Anthony DeLuca SYNOPSIS AS INTRODUCED:

ILCS 5/9-120 Amends the Code of Civil Procedure.

In provisions concerning leased premises used in furtherance of a criminal offense, provides that a written lease shall contain language that the commission of any act by the lessee, occupant, household member of the lessee or occupant, or guest of the lessee or occupant that would constitute a felony or Class A misdemeanor shall give the owner or lessor the right to void the lease and recover possession of the leased premises.

Provides that under specified circumstances, an owner or lessor may assign to the State's Attorney of the county or the corporation counsel of the municipality in which the property entry and detainer action on behalf of the owner or lessor.

Effectivecible immediately.

LRB097 07117 AJO 47217 b A BILL FOR HB1309 LRB097 07117 AJO 47217 b AN ACT concerning civil law.

The Code of Civil Procedure is amended by changing SectionSections 9-120 and 9-210 as follows:

lease terminated 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, and the lessor has received written notification from a law enforcement agency of the use of the leased premises for the commission of an act that would constitute a felony or a Class A misdemeanor, then the lease or rental agreement shall, at the option of the lessor or the lessor's assignee be terminated 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 written lease shall containstate language that if the commissionlessee ofor anyoccupant actuses byor permits the lessee,use occupant, household member of the lesseeleased orpremises occupant,for orthe guestcommission of theany lesseeact or occupant that would constitute a HB1309 Engrossed - 2 - LRB097 07117 AJO 47217 b felony or a Class A misdemeanor under the laws of this StateState, shall give the owner or lessor shall have the right to voidterminate the lease and recover possession of the leased premises.

Failure to include this language in a leaselease, or ifthe fact that the lease is oraloral, shall HB1309 - 2 - LRB097 07117 AJO 47217 b not waive or impair the rights of the lessor or lessor's assignee under this Section or the lease.

(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.premises alleging the criminal activity and any other alleged violations of the lease.

(c) A person does not forfeit any part of his or her HB1309 Engrossed - 3 - LRB097 07117 AJO 47217 b 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 terminates voids a lease or contract under the provisions of this Section and the tenant or HB1309 - 3 - LRB097 07117 AJO 47217 b occupant has not vacated the premises within 5 days after receipt of a written notice under Section 9-210 of this Code is provided to vacate the premises, the lessor or lessor's assignee may seek relief under this Article IX.

(e) After a trial, if the court finds, by a preponderance 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 lessor plaintiff and the court shall order that the lessor 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,assignee based on an act HB1309 Engrossed - 4 - LRB097 07117 AJO 47217 b that would constitute a felony or a Class A misdemeanor, if the action was brought as a result of a lessor or lessor's assignee declaring a lease terminated 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 lessor plaintiff shall be entitled to re-enter the premises immediately.

The sheriff or other lawfully deputized officers shall execute an HB1309 - 4 - LRB097 07117 AJO 47217 b 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) NothingIn inan thisaction Sectionbrought shallunder limitthis Section the rightscourt ofmay analso ownerconsider oractions lessorfor to bring a forcible entry and detainer actionbrought onunder theother basisSections of otherthis applicableCode. law.

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.

1-1-98.) Section(735 99.ILCS 5/9-210) (from Ch.

110, par.

9-210) Sec.

9-210.

Notice to quit.

When default is made in any of the terms of a lease, it is not necessary to give more than 10 days' notice, or, if the lessor is also providing notice of termination pursuant to Section 9-120 of this Code, more than 5 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease.

HB1309 Engrossed - 5 - LRB097 07117 AJO 47217 b Such notice may be substantially in the following form:

"To A.B.:

You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date (dated, etc.)." If the lessor is also providing notice of termination pursuant to Section 9-120 of this Code, "10 days" in the preceding sentence shall be replaced by "5 days".

The notice is to be signed by the lessor or his or her agent, and no other notice or demand of possession or termination of such tenancy is necessary.

(Source:

P.A.

82-280.) Section 99.