(735 ILCS 5/Art. IX heading)
(735 ILCS 5/Art. IX Pt. 1 heading)
(735 ILCS 5/9-101) (from Ch. 110, par. 9-101)
Sec. 9-101.
Forcible entry prohibited.
No person shall make an
entry into lands or tenements except in cases where entry is allowed by
law, and in such cases he or she shall not enter with force, but in a peaceable
manner.
(Source: P.A. 82-280.)
(735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
Sec. 9-102. When action may be maintained.
(a) The person entitled to the possession of lands or tenements may be
restored thereto under any of the following circumstances:
(b) The provisions of paragraph (8) of subsection (a) of Section 9-102
and Section 9-104.3 of this Act shall not apply to any common interest
community unless (1) the association is a not-for-profit corporation or a limited liability company, (2)
unit owners are authorized to attend meetings of the board of directors or
board of managers of the association in the same manner as provided for
condominiums under the Condominium Property Act, and (3) the board of
managers or board of directors of the common interest community association
has, subsequent to the effective date of this amendatory Act of 1984 voted
to have the provisions of this Article apply to such association and has
delivered or mailed notice of such action to the unit owners or unless the
declaration of the association is recorded after the effective date of this
amendatory Act of 1985.
(c) For purposes of this Article:
(d) If the board of a common interest community elects to have the
provisions of this Article apply to such association or the declaration of
the association is recorded after the effective date of this amendatory Act
of 1985, the provisions of subsections (c) through (h) of Section 18.5 of
the Condominium Property Act applicable to a Master Association and
condominium unit subject to such association under subsections (c) through
(h) of Section 18.5 shall be applicable to the community associations and
to its unit owners.
(Source: P.A. 102-71, eff. 7-9-21.)
(735 ILCS 5/9-103) (from Ch. 110, par. 9-103)
Sec. 9-103.
Mobile home site.
The rental of land upon which a mobile
home is placed or the rental
of a mobile home and the land on which it is placed, for more than 30
days, shall be construed as a lease of real property. However, nothing
in this Section shall be construed to affect the classification of
mobile homes as real or personal property for purposes of taxation.
(Source: P.A. 82-280.)
(735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
Sec. 9-104.
Demand - Notice - Return.
The demand required by Section
9-102 of this Act may be made by delivering a copy
thereof to the tenant, or by leaving such a copy with some person of the
age of 13 years or upwards, residing on, or being in charge of, the premises;
or in case no one is in the actual possession of the premises, then by
posting the same on the premises; or if those in possession are unknown
occupants who are not parties to any written lease, rental agreement, or right
to possession agreement for the premises, then by delivering a copy of the
notice, directed to "unknown occupants", to the occupant or by leaving a copy
of the notice with some person of the age of 13 years or upwards
occupying the premises, or by posting a copy of the notice on the premises
directed to "unknown occupants". When such demand is made by
an officer authorized to serve process, his or her return is prima facie
evidence of the facts therein stated, and if such demand is made by any
person not an officer, the return may be sworn to by the person serving
the same, and is then prima facie evidence of the facts therein
stated. The demand for possession may be in the following form:
The demand shall be signed by the person claiming such possession,
his or her agent, or attorney.
(Source: P.A. 92-823, eff. 8-21-02.)
(735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
Sec. 9-104.1. Demand; notice; return; condominium and contract
purchasers.
(a) In case there is a contract for the purchase of such lands
or tenements or in case of condominium property, the demand shall give the
purchaser under such contract, or to the condominium unit owner, as the
case may be, at least 30 days to satisfy the terms of the demand before an
action is filed. In case of a condominium unit, the demand shall set forth
the amount claimed which must be paid within the time prescribed in the
demand and the time period or periods when the amounts were originally due,
unless the demand is for compliance with Section 18(n) of the Condominium
Property Act, in which case the demand shall set forth the nature of the
lease and memorandum of lease or the leasing requirement not satisfied.
The amount claimed shall include regular or special assessments, late
charges or interest for delinquent assessments, and attorneys' fees claimed
for services incurred prior to the demand. Attorneys' fees claimed by
condominium associations in the demand shall be subject to review by the
courts in any eviction proceeding under subsection (b) of Section 9-111
of this Act.
The demand shall be signed by the person claiming such possession, his or
her agent, or attorney.
(b) In the case of a condominium unit, the demand is not invalidated by
partial payment of amounts due if the payments do not, at the end of the
notice period, total the amounts demanded in the notice for common
expenses, unpaid fines, interest, late charges, reasonable attorney fees
incurred prior to the initiation of any court action and costs of
collection. The person claiming possession, or his or her agent or
attorney, may, however, agree in writing to withdraw the demand in exchange
for receiving partial payment. To prevent invalidation, the notice must
prominently state:
"Only FULL PAYMENT of all amounts demanded in this notice will invalidate
the demand, unless the person claiming possession, or his or her agent or
attorney, agrees in writing to withdraw the demand in exchange for
receiving partial payment."
(c) The demand set forth in subsection (a) of this Section shall be
served either personally upon such purchaser or condominium unit owner or
by sending the demand thereof by registered or certified mail with return
receipt requested to the last known address of such purchaser or condominium
unit owner or in case no one is in the actual possession of the premises,
then by posting the same on the premises. When such demand is made by an
officer authorized to serve process, his or her return is prima facie
evidence of the facts therein stated and if such demand is made by any
person not an officer, the return may be sworn to by the person serving the
same, and is then prima facie evidence of the facts therein stated.
To be effective service under this Section, a demand sent by certified or
registered mail to the last known address need not be received by the
purchaser or condominium unit owner.
No
other demand shall be required as a prerequisite to filing an action under
paragraph (7) of subsection (a) of Section 9-102 of this Act.
Service of the demand by registered or certified mail shall be deemed
effective upon deposit in the United States mail with proper postage prepaid
and addressed as provided in this subsection.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
Sec. 9-104.2. Condominiums: demand, notice, termination of lease, and eviction.
(a) Unless the Board of Managers is seeking to evict
a tenant or other occupant of a unit
under
an existing lease or other arrangement with the owner
of a unit, no demand nor summons need be served upon the tenant or other
occupant in connection
with an action brought under paragraph (7) of subsection (a) of Section
9-102 of this Article.
(a-5) The Board of Managers may seek to evict a tenant or other occupant of a unit under an
existing lease or other arrangement between the tenant or other occupant and
the defaulting owner of a unit, either within the same action against the unit
owner under paragraph (7) of subsection (a) of Section 9-102 of this Article or
independently thereafter under other paragraphs of that subsection. If a
tenant or other occupant of a unit is joined within
the same action against the defaulting unit owner under paragraph (7),
only the unit owner and not the tenant or other occupant
need to be served with 30 days prior written notice as
provided in this Article.
The tenant or other occupant may be joined as additional defendants at the
time the suit is filed
or at any time thereafter prior to execution of the eviction order by
filing, with or without prior leave of the court, an amended complaint and
summons for trial. If the complaint alleges that the unit is occupied or may
be occupied by persons other than or in addition to the unit owner of record,
that the identities of the persons are concealed and unknown, they may be named
and joined as defendant "Unknown Occupants". Summons may be served on the
defendant "Unknown Occupants" by the sheriff or court appointed process server
by leaving a copy at the unit with any person residing at the unit of the age
of
13 years or greater, and if the summons is returned without service stating
that service cannot be obtained, constructive service may be obtained pursuant
to Section 9-107 of this Code with notice mailed to "Unknown Occupants" at the
address of the unit. If prior to execution of the eviction order the
identity of a defendant or defendants served in this manner is discovered, his
or her name or names
and the record may be corrected upon hearing pursuant to notice of motion
served upon the identified defendant or defendants at the unit in the manner
provided by
court rule for service of notice of motion.
If, however, an action under paragraph (7) was brought
against the defaulting unit owner only, and after obtaining an eviction order and expiration of the stay on enforcement the Board of Managers
elects not to accept a tenant or occupant in possession as its own and to
commence a separate action, written
notice of the eviction order against the unit owner and demand to quit the premises
shall be served on the tenant or other occupant in the manner provided under
Section 9-211 at
least 10 days prior to bringing suit to evict the tenant or
other occupant.
(b) If an eviction order is granted to the Board of Managers under
Section 9-111, any interest of the unit owner to receive rents under any
lease arrangement shall
be deemed assigned to the Board of Managers until such time as the judgment is
vacated.
(c) If an eviction order is entered, the Board of Managers may
obtain from the clerk of the court an informational certificate notifying any
tenants
not parties to the proceeding of the assignment of the unit owner's interest
in the lease arrangement to the Board of Managers
as a result of the entry of the eviction order and stating that
any rent hereinafter due the unit owner or his agent under the lease
arrangement should be paid to the Board of Managers until further order of
court. If the tenant pays his rent to the association pursuant to the
entry of such an eviction order, the unit owner may not sue said
tenant for any such amounts the tenant pays the association.
Upon service of the certificate on the tenant in the manner provided by
Section 9-211 of this Code, the tenant shall be obligated to pay the rent under
the lease arrangement to the Board of Managers as it becomes due. If the
tenant thereafter fails and refuses to pay the rent, the Board of Managers may
bring an eviction action after making a demand for rent in accordance
with Section 9-209 of this Code.
(c-5) In an action against the unit owner and lessee to evict a lessee for
failure of the lessor/owner of the condominium unit to comply with the leasing
requirements prescribed by subsection (n) of Section 18 of the Condominium
Property Act or by
the declaration, bylaws, and rules and regulations of the condominium, or
against a lessee for any other breach by the lessee of any covenants, rules,
regulations, or bylaws of the condominium, the demand shall give the lessee at
least 10 days to quit and vacate the unit. The notice shall be substantially
in the following form:
The demand shall be signed by the Board of Managers, its agent, or attorney
and shall be served either personally upon the lessee with a copy to the unit
owner or by sending the demand thereof by registered or certified mail with
return receipt requested to the unit occupied by the lessee and to the last
known address of the unit owner, and no other demand of termination of such
tenancy shall be required. To be effective service under this Section, a
demand sent by certified mail, return receipt requested, to the unit occupied
by the lessee and to the last known address of the unit owner need not be
received by the lessee or condominium unit owner.
(d) Nothing in this Section 9-104.2 is intended to confer upon a Board of
Managers any greater authority with respect to possession of a unit after a
judgment than was previously established by this Act.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-104.3) (from Ch. 110, par. 9-104.3)
Sec. 9-104.3.
Applicability of Article.
All common interest
community associations electing
pursuant to paragraph (8) of subsection (a) of Section 9-102 to have this
Article made applicable to such association shall follow the same
procedures and have the same rights and responsibilities as condominium
associations under this Article.
(Source: P.A. 84-1308.)
(735 ILCS 5/9-105) (from Ch. 110, par. 9-105)
Sec. 9-105.
Growing crops.
In case of forfeiture under contract of purchase, the
purchaser shall be entitled to cultivate and gather the crops, if any,
planted by him or her and grown or growing on the premises at the time of the
filing of the action, and shall have the right to enter for the
purpose of removing such crops, first paying or tendering to the party
entitled to the possession a reasonable compensation for such use of the
land before removing such crops.
(Source: P.A. 82-280.)
(735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
Sec. 9-106.
Pleadings and evidence.
On complaint by the party or parties
entitled to
the possession of such premises being filed in the circuit court for the
county where such premises are situated, stating that such party is
entitled to the possession of such premises (describing the same with
reasonable certainty), and that the defendant (naming the defendant) unlawfully
withholds the possession thereof from him, her or them, the clerk of the
court shall issue a summons.
The defendant may under a general denial of the allegations of the
complaint offer in evidence any matter in defense of the action.
Except as otherwise provided in Section 9-120,
no
matters not germane to the distinctive purpose of the proceeding shall
be introduced by joinder, counterclaim or otherwise. However,
a claim for rent may be joined in the complaint, and judgment may be entered
for the amount of rent found due.
(Source: P.A. 90-360, eff. 1-1-98.)
(735 ILCS 5/9-106.1) (from Ch. 110, par. 9-106.1)
Sec. 9-106.1.
Action for condominium assessments not barred or waived
by acceptance of assessments for time periods not covered by demand.
An action brought under paragraph (7) of subsection (a) of Section 9-102
of this Act is neither barred nor
waived by the action of a Board of Managers in accepting payments from a
unit owner for his or her proportionate share of the common expenses or
of any other expenses lawfully agreed upon for any time period other than
that covered by the demand.
(Source: P.A. 84-1308.)
(735 ILCS 5/9-106.2)
Sec. 9-106.2. Affirmative defense for violence; barring persons from property.
(a) It shall be an affirmative defense to an action maintained under this Article IX if the court makes one of the following findings that the demand for possession is:
(b) When asserting the affirmative defense, at least one form of the following types of evidence shall be provided to support the affirmative defense: medical, court, or police records documenting the violence or a statement from an employee of a victim service organization or from a medical professional from whom the tenant, lessee, or household member has sought services.
(c) Nothing in subsection (a) shall prevent the landlord from seeking possession solely against a tenant, household member, or lessee of the premises who perpetrated the violence referred to in subsection (a).
(d) Nothing in subsection (a) shall prevent the landlord from seeking possession against the entire household, including the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if the tenant, lessee, or household member's continued tenancy would pose an actual and imminent threat to other tenants, lessees, household members, the landlord or their agents at the property.
(e) Nothing in subsection (a) shall prevent the landlord from seeking possession against the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if that tenant, lessee, or household member has committed the criminal activity on which the demand for possession is based.
(f) A landlord shall have the power to bar the presence of a person from the premises owned by the landlord who is not a tenant or lessee or who is not a member of the tenant's or lessee's household. A landlord bars a person from the premises by providing written notice to the tenant or lessee that the person is no longer allowed on the premises. That notice shall state that if the tenant invites the barred person onto any portion of the premises, then the landlord may treat this as a breach of the lease, whether or not this provision is contained in the lease. Subject to paragraph (4) of subsection (a), the landlord may evict the tenant.
(g) Further, a landlord may give notice to a person that the person is barred from the premises owned by the landlord. A person has received notice from the landlord within the meaning of this subsection if he has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A-14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof. Any person entering the landlord's premises after such notice has been given shall be guilty of criminal trespass to real property as set forth in Section 21-3 of the Criminal Code of 2012. After notice has been given, an invitation to the person to enter the premises shall be void if made by a tenant, lessee, or member of the tenant's or lessee's household and shall not constitute a valid invitation to come upon the premises or a defense to a criminal trespass to real property.
(Source: P.A. 96-1188, eff. 7-22-10; 97-1150, eff. 1-25-13.)
(735 ILCS 5/9-106.3)
Sec. 9-106.3. Affirmative defenses for retaliation on the basis of immigration status.
(a) It is an affirmative defense to an action maintained under this Article if the court finds that:
(b) This Section does not prohibit a landlord from complying with any legal obligation under federal, State, or local law, including, but not limited to, any legal obligation under any government program that provides for rent limitations or rental assistance to a qualified tenant or a subpoena, warrant, or other court order.
(c) This Section does not prohibit a landlord from requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant.
(d) This Section does not prohibit a landlord from delivering to the tenant an oral or written notice regarding conduct by the tenant that violates, may violate, or has violated an applicable rental agreement, including the lease or any rule, regulation, or law.
(e) This Section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law, nor does this Section enlarge or diminish the ability of a unit of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.
(Source: P.A. 101-439, eff. 8-21-19.)
(735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
Sec. 9-107. Constructive service. If 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, then the
plaintiff, 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 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 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.
Such notice shall be in the 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 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 5/9-107.5)
Sec. 9-107.5. Notice to unknown occupants.
(a) Service of process upon an
unknown
occupant may be had by delivering a copy of the summons and complaint naming
"unknown occupants" to the tenant or any unknown occupant or person of the age
of 13
or upwards occupying the premises.
(b) If unknown occupants are not named in the initial
summons
and complaint and an eviction order in favor of the plaintiff is
entered, but the
order does not include unknown occupants and the sheriff determines
when
executing the eviction order that persons not included in the
order are
in possession of the premises, then the sheriff shall leave with a person of
the age of 13
years or upwards occupying the premises, a copy of the order, or
if no one is present in the premises to accept the order or refuses
to accept
the order, then by posting a copy of the order on the
premises. In
addition to leaving a copy of the order or posting of the
order, the
sheriff shall also
leave or post a notice addressed to "unknown occupants" that states unless any
unknown
occupants file a written petition with the clerk that sets forth the unknown
occupant's
legal claim for possession within 7 days of the date the notice is posted or
left with any
unknown occupant, the unknown occupants shall be evicted from the premises. If
any
unknown occupants file such a petition, a hearing on the merits of the unknown
occupant's
petition shall be held by the court within 7 days of the filing of the petition
with the clerk.
The unknown occupants shall have the burden of proof in establishing a legal
right to
continued possession.
(c) The plaintiff may obtain an eviction order only and not for rent
as
to any
unknown occupants.
(d) Nothing in this Section may be construed so as to vest any rights to
persons
who are criminal trespassers, nor may this Section be construed in any way
that interferes
with the ability of law enforcement officials removing persons or property from
the
premises when there is a criminal trespass.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-107.10)
Sec. 9-107.10. Military personnel in military service; eviction action.
(a) In this Section:
"Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.
"Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.
(b) In a residential eviction action, including eviction of a tenant who is a resident of a mobile home park, who is a service member that has entered military service, or of any member of the tenant's family who resides with the tenant, if the tenant entered into the rental agreement on or after the effective date of this amendatory Act of the 94th General Assembly, the court may, on its own motion, and shall, upon motion made by or on behalf of the tenant, do either of the following if the tenant's ability to pay the agreed rent is materially affected by the tenant's military service:
(c) In order to be eligible for the benefits granted to service members under this Section, a service member or a member of the service member's family who resides with the service member must provide the landlord or mobile home park operator with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the period of service.
(d) If a stay is granted under this Section, the court may grant the landlord or mobile home park operator such relief as equity may require.
(e) A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act.
All proceeds from the collection of any civil penalty
imposed pursuant to the Illinois Human Rights Act under this subsection shall be deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-108) (from Ch. 110, par. 9-108)
Sec. 9-108.
Jury trial.
In any case relating to premises used for residence
purposes, either party may demand trial by jury, notwithstanding any
waiver of jury trial contained in any lease or contract.
(Source: P.A. 82-280.)
(735 ILCS 5/9-109) (from Ch. 110, par. 9-109)
Sec. 9-109.
Trial ex parte.
If the defendant does not appear, having been duly
summoned as herein provided the trial may proceed ex parte, and may be
tried by the court, without a jury.
(Source: P.A. 82-280.)
(735 ILCS 5/9-109.5)
Sec. 9-109.5. Standard of proof. 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 an eviction order in favor of the
plaintiff.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-109.6)
Sec. 9-109.6. Residential eviction order; form. A standardized residential eviction order form, as determined by the Supreme Court, shall be used statewide.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-109.7)
Sec. 9-109.7. Stay of enforcement; drug related action. An eviction order 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 Section 11 of the Controlled Substance and Cannabis Nuisance Act,
may not be stayed for any period in excess of 7 days by the court.
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.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-110) (from Ch. 110, par. 9-110)
Sec. 9-110.
Judgment for whole premises - Stay of enforcement.
If
it appears on the trial that the plaintiff is entitled
to the possession of the whole of the premises claimed, judgment for the
possession thereof and for costs shall be entered in favor of the plaintiff.
However, if the action is brought under Article IX of this Code and is
based upon a breach of a contract entered into
on or after July 1, 1962 for the purchase of such premises, the court,
by order, may stay the enforcement of the judgment for a period
not to exceed 60 days from the date of the judgment, or if the court
finds that the amount unpaid on the contract is less than 75% of the
original purchase price, then the court shall stay the enforcement of the
judgment for a period of 180 days from the date of the judgment. The court
may order a stay of less than 180 days (but in no event less than 60
days) if it is shown that the plaintiff, prior to the filing of the action
under Article IX of this Act, granted the defendant previous extensions of
time to pay the amounts due under the contract, or for other good cause
shown. If during such period of stay the defendant pays the entire amount
then due and payable under the terms of the contract other than such
portion of the principal balance due under the contract as would not be
due had no default occurred and costs and, if the contract provides
therefor, reasonable attorney's fees as fixed by the court, and cures
all other defaults then existing, the contract shall remain in force the
same as if no default had occurred. The relief granted to a defendant
by this Section shall not be exhausted by a single use thereof but shall
not be again available with respect to the same contract for a period of
5 years from the date of such judgment. Whenever defendant cures the
default under the contract pursuant to this Section, the defendant may within
the period of stay file a motion to vacate the judgment in the court in
which the judgment was entered, and, if the court, upon the hearing of
such motion, is satisfied that such default has been cured, such
judgment shall be vacated. Unless defendant files such motion to vacate
in the court or the judgment is otherwise stayed, enforcement of the judgment
may proceed
immediately upon the expiration of such period of stay and all rights of the
defendant in and to the premises and in and to the real estate described
in the contract are terminated.
Nothing herein contained shall be construed as affecting the right of
a seller of such premises to any lawful remedy or relief other than that
provided by Part 1 of Article IX of this Act.
(Source: P.A. 85-907.)
(735 ILCS 5/9-111) (from Ch. 110, par. 9-111)
Sec. 9-111. Condominium property.
(a) As to property subject to the
provisions of the "Condominium Property Act", approved June 20, 1963, as
amended, when the action is based upon the failure of an owner of a unit
therein to pay when due his or her proportionate share of the common
expenses of the property, or of any other expenses lawfully agreed upon or
the amount of any unpaid fine, and if the court finds that the expenses or
fines are due to the plaintiff, the plaintiff shall be entitled to the
possession of the whole of the premises claimed, and the court shall enter an eviction order in favor of
the plaintiff and judgment for the
amount found due by the court including interest and late charges, if any,
together with reasonable attorney's fees, if any, and for the plaintiff's
costs. The awarding of reasonable attorney's fees shall be pursuant to the
standards set forth in subsection (b) of this Section 9-111. The court
shall, by order, stay the enforcement of the eviction order for
a period of not less than 60 days from the date of the judgment and may
stay the enforcement of the order for a period not to exceed 180 days
from such date. Any judgment for money or any rent assignment under
subsection (b) of Section 9-104.2 is not subject to this stay. The eviction order is not subject to an exemption of homestead under Part 9 of
Article XII of this Code. If at any
time, either during or after the period of stay, the
defendant pays such expenses found due by the court, and costs, and reasonable
attorney's fees as fixed by the court, and the defendant is
not in arrears on his or her share of the common expenses for the period
subsequent to that covered by the order, the defendant may file a motion to
vacate the order in the court in which the order was entered, and, if the
court, upon the hearing of such motion, is satisfied that the default in
payment of the proportionate share of expenses has been cured, and if the court
finds that the premises are not presently let by the board of managers as
provided in Section 9-111.1 of this Act, the order shall be vacated. If the
premises are being let by the board of managers as provided in Section 9-111.1
of this Act, when any order is sought to be vacated, the court shall vacate
the order effective concurrent with the expiration of the lease term. Unless
defendant files such motion to vacate in the court or the order is otherwise
stayed, enforcement of the order may proceed immediately upon the expiration
of the period of stay and all rights of the defendant to possession of his or
her unit shall cease and determine until the date that the order may
thereafter be vacated in accordance with the foregoing provisions, and
notwithstanding payment of the amount of any money judgment if the unit owner
or occupant is in
arrears for the period after the date of entry of the order as provided in
this Section. Nothing
herein contained shall be construed as affecting the right of the board of
managers, or its agents, to any lawful remedy or relief other than that
provided by Part 1 of this Article.
This amendatory Act of the 92nd General Assembly is intended as a
clarification of existing law and not as a new enactment.
(b) For purposes of determining reasonable attorney's fees under
subsection (a), the court shall consider:
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-111.1)
Sec. 9-111.1. Lease to bona fide tenant. Upon the entry of an eviction order
in favor of a board of managers
under the Condominium Property Act, as provided in
Section 9-111 of this Act, and upon delivery of possession of
the premises by the
sheriff or other authorized official to the board of managers pursuant to
execution upon the order, the board of managers shall have the right and
authority, incidental to the right of possession of a unit under the order,
but not the obligation, to lease the unit to a bona fide tenant (whether the
tenant is in occupancy or not) pursuant to a written lease for a term which may commence at any time within 8 months after the month in which the date of expiration of the stay of the order occurs. The term may not
exceed 13 months from the date of commencement of the lease. The court may, upon motion of the board of managers and with notice to the evicted unit owner, permit or extend a lease for one or more additional terms not to exceed 13 months per term. The
board of managers shall first apply all rental income to assessments and other
charges sued upon in the eviction action plus statutory interest on a
monetary judgment, if any, attorneys' fees, and court costs incurred; and then
to other expenses lawfully agreed upon (including late charges), any fines and
reasonable expenses necessary to make the unit rentable, and lastly to
assessments accrued thereafter until assessments are current. Any surplus
shall be remitted to the unit owner. The court shall retain jurisdiction to
determine the reasonableness of the expense of making the unit rentable.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-112) (from Ch. 110, par. 9-112)
Sec. 9-112.
Judgment for part of premises.
If it shall appear that
the plaintiff is entitled to the
possession of only a part of the premises claimed, the judgment shall be
entered for that part only and for costs, and for the residue
defendant shall be dismissed.
(Source: P.A. 82-280.)
(735 ILCS 5/9-113) (from Ch. 110, par. 9-113)
Sec. 9-113.
Joinder of several tenants.
Whenever there is one lease
for the whole of
certain premises, and the actual possession thereof, at the time of the
filing of the action, is
divided in severalty among persons with, or other
than the lessee, in one or more portions or parcels, separately or
severally held or occupied, all or so many of such persons, with the
lessee, as the plaintiff may elect, may be joined as defendants in one
action, and the recovery against them, with costs, shall be several,
according as their actual holdings are judicially determined.
(Source: P.A. 82-280.)
(735 ILCS 5/9-114) (from Ch. 110, par. 9-114)
Sec. 9-114.
Judgment against plaintiff.
If the plaintiff voluntarily
dismisses the action, or fails
to prove the plaintiff's right to the possession, judgment for costs shall
be entered in favor of the defendant.
(Source: P.A. 82-280.)
(735 ILCS 5/9-115) (from Ch. 110, par. 9-115)
Sec. 9-115.
Dismissal as to part.
The plaintiff may at any time dismiss
his or her action as to any one
or more of the defendants, and the jury or court may find any one or
more of the defendants liable, and the others not liable, and the court
shall thereupon enter judgment according to such finding.
(Source: P.A. 82-280.)
(735 ILCS 5/9-116) (from Ch. 110, par. 9-116)
Sec. 9-116.
Pending appeal.
If the plaintiff appeals, then, during
and notwithstanding
the pendency of such appeal, the plaintiff is entitled to enforce, or
accept from the defendant or from any person claiming under him or her,
performance of all obligations imposed upon such defendant by the terms
of any lease, contract, covenant or agreement under which the defendant
claims the right to possession, or by law, as if such appeal has not
been taken, without thereby affecting the appeal or the judgment
appealed from, and without thereby creating or reinstating any tenancy
or other relationship of the parties. However, if the
result of the prosecution of such appeal and entry of final judgment is
that the defendant was obligated to the plaintiff during the pendency
thereof in a different form, manner or amount than that in which any
payment or payments made under the provision of this Section was or were
enforced or accepted, or in a different form, manner or amount than that
adjudged in any judgment entered by any court in any other proceedings
instituted by virtue of the provisions of this Section during the
pendency of the appeal, such payment or payments shall be deemed to
have been made to apply in the form, manner and amount resulting or
arising from the prosecution of such appeal, on account of the
defendant's obligation.
(Source: P.A. 82-280.)
(735 ILCS 5/9-117) (from Ch. 110, par. 9-117)
Sec. 9-117. Expiration of order. No eviction order
obtained in an action brought under this Article may be enforced more than 120
days after the order is entered, unless upon motion by the plaintiff
the court grants an extension of the period of enforcement of the order.
Plaintiff's notice of motion shall contain the following notice directed
to the defendant:
The court shall grant the motion for the extension of the eviction order unless the defendant establishes that the tenancy has been
reinstated, that the breach upon which the order was issued has
been cured or waived, that the plaintiff and defendant entered into a
post-judgment agreement whose terms the defendant has performed, or that
other legal or equitable grounds exist that bar enforcement of the order.
This Section does not apply to any action based upon a breach of a contract
entered into on or after July 1, 1962, for the purchase of premises in
which the court has entered a stay under Section 9-110; nor shall this
Section apply to any action to which the provisions of Section 9-111 apply;
nor shall this Section affect the rights of Boards of Managers under
Section 9-104.2.
(Source: P.A. 99-753, eff. 1-1-17; 100-173, eff. 1-1-18.)
(735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
Sec. 9-118. Emergency housing eviction proceedings.
(a) As used in this Section:
"Cannabis" has the meaning ascribed to that term in the Cannabis Control Act.
"Narcotics" and "controlled substance" have the meanings ascribed to those
terms in the Illinois Controlled Substances Act.
(b) This Section applies only if all of the following conditions are
met:
(b-5) In all actions brought under this Section 9-118, no predicate notice
of termination or demand for possession shall be required to initiate an
eviction action.
(c) When a complaint has been filed under this Section, a hearing on the
complaint shall be scheduled on any day after the expiration of 14 days
following the filing of the complaint. The summons shall advise the defendant
that a hearing on the complaint shall be held at the specified date and time,
and that the defendant should be prepared to present any evidence on his or her
behalf at that time.
If a plaintiff which is a public housing authority accepts
rent from the defendant after an action is initiated under this
Section, the acceptance of rent shall not be a cause for dismissal of the
complaint.
(d) If the defendant does not appear at the hearing, an eviction order in favor of the plaintiff shall be entered by
default. If the defendant appears, a trial shall be held immediately as is
prescribed in other eviction proceedings. The matter shall not be
continued beyond 7 days from the date set for the first hearing on the
complaint except by agreement of both the plaintiff and the defendant. 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 an eviction order in favor of the plaintiff and the court shall
order that the plaintiff shall be entitled to re-enter the premises
immediately.
(d-5) If cannabis, methamphetamine, narcotics, or controlled substances are found or used
anywhere in the premises, there is a rebuttable presumption either (1) that the
cannabis, methamphetamine,
narcotics, or controlled substances were used or possessed by a tenant
or occupant or (2) that a tenant or occupant permitted the premises to be used
for
that use or possession, and knew or should have reasonably known that the
substance was used or possessed.
(e) An eviction order entered under this Section may not be
stayed for any period in excess of 7 days by the court. Thereafter the
plaintiff shall be entitled to re-enter the premises immediately. The sheriff
or other lawfully deputized officers shall give priority to service and
execution of orders entered under this Section over other possession orders.
(f) This Section shall not be construed to prohibit the use or possession
of cannabis, methamphetamine, narcotics, or a controlled substance that has been legally
obtained in accordance with a valid prescription for the personal use of a
lawful occupant of a dwelling unit.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-119)
Sec. 9-119. Emergency subsidized housing eviction proceedings.
(a) As used in this Section:
"FmHA" means the Farmers Home Administration or a local housing
authority administering an FmHA program.
"HUD" means the United States Department of Housing and Urban
Development, or the Federal Housing Administration or a local housing authority
administering a HUD program.
"Section 8 contract" means a contract with HUD or FmHA which provides rent
subsidies entered into pursuant to Section 8 of the United States Housing Act
of 1937 or the Section 8 Existing Housing Program (24 C.F.R. Part 882).
"Subsidized housing" means:
(b) This Section applies only if all of the following conditions are
met:
(c) When a complaint has been filed under this Section, a hearing on the
complaint shall be scheduled on any day after the expiration of 14 days
following the filing of the complaint. The summons shall advise the defendant
that a hearing on the complaint shall be held at the specified date and time,
and that the defendant should be prepared to present any evidence on his or her
behalf at that time.
(d) If the defendant does not appear at the hearing, an eviction order in favor of the plaintiff shall be entered by
default. If the defendant appears, a trial shall be held immediately as is
prescribed in other eviction proceedings. The matter shall not be
continued beyond 7 days from the date set for the first hearing on the
complaint except by agreement of both the plaintiff and the defendant. 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 an eviction order in favor of the plaintiff and the court shall
order that the plaintiff shall be entitled to re-enter the premises
immediately.
(e) An eviction order entered under this Section may not be
stayed for any period in excess of 7 days by the court. Thereafter the
plaintiff shall be entitled to re-enter the premises immediately. The sheriff
or other lawfully deputized officers shall give priority to service and
execution of orders entered under this Section over other possession
orders.
(Source: P.A. 100-173, eff. 1-1-18.)
(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 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.
(b) The owner or lessor may bring an eviction 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 an eviction 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 located, as applicable. If the owner or
lessor assigns the right to bring an eviction 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 eviction 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 of the evidence,
that the allegations in the complaint have been proven, the court
shall enter an eviction order in favor of the plaintiff
and the court shall order that the plaintiff shall be entitled to re-enter the
premises immediately.
(f) An eviction order 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 an eviction action on the basis of other applicable
law.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-121)
Sec. 9-121. Sealing of court file.
(a) Definition. As used in this Section, "court file"
means the court file created when an eviction
action is filed with the court.
(b) Discretionary sealing of court file. The court may
order that a court file in an eviction action
be placed under seal if the court finds that the plaintiff's
action is sufficiently without a basis in fact or law, which
may include a lack of jurisdiction, that placing the court file
under seal is clearly in the interests of justice, and that
those interests are not outweighed by the public's interest in
knowing about the record.
(c) Mandatory sealing of court file. The court file relating to an eviction action brought against a tenant under Section 9-207.5 of this Code or as set forth in subdivision (h)(6) of Section 15-1701 of this Code shall be placed under seal.
(d) This Section is operative on and after August 1, 2022.
(Source: P.A. 102-5, eff. 5-17-21.)
(735 ILCS 5/9-121.5)
Sec. 9-121.5. (Repealed).
(Source: P.A. 102-5, eff. 5-17-21. Repealed internally, eff. 8-1-22.)
(735 ILCS 5/9-122)
Sec. 9-122. COVID-19 emergency sealing of court file.
(a) As used in this Section, "COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19, and ending on March 31, 2022.
(b) The court file shall be sealed upon the commencement of any residential eviction action during the COVID-19 emergency and economic recovery period. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of this Act and is not sealed, the court shall order the sealing of the court file. In accordance with Section 9-121.5, no sealed court file, sealed under this Section, shall be disseminated.
(c) If the court enters a judgment in favor of the landlord, the court may also enter an order to unseal the court file under this Section. A court shall order the court file to be unsealed if:
(d) Subsections (d) through (h) of Section 9-121.5 shall also be applicable and incorporated into this Section.
(Source: P.A. 102-5, eff. 5-17-21.)
(735 ILCS 5/Art. IX Pt. 2 heading)
(735 ILCS 5/9-201) (from Ch. 110, par. 9-201)
Sec. 9-201.
Recovery of rent.
The owner of lands, his or her executors or
administrators, may sue for and recover rent therefor, or a fair and
reasonable satisfaction for the use and occupation thereof, by a civil
action in any of the following instances:
1. When rent is due and in arrears on a lease
for life or lives.
2. When lands are held and occupied by any person without any
special agreement for rent.
3. When possession is obtained under an agreement, written or
verbal, for the purchase of the premises, and before a deed is
given the right to possession is terminated by forfeiture or
non-compliance with the agreement, and possession is wrongfully refused
or neglected to be given upon demand, made in writing, by the party
entitled thereto. All payments made
by the vendee, or his or her
representatives or assigns, may be set off against such rent.
4. When land has been sold upon a judgment of court, when the
party to such judgment or person holding under him or her, wrongfully refuses
or neglects to surrender possession of the same, after demand, in
writing, by the person entitled to the possession.
5. When the lands have been sold upon a mortgage or trust deed,
and the mortgagor or grantor, or person holding under him or her, wrongfully
refuses or neglects to surrender possession of the same, after demand,
in writing, by the person entitled to the possession.
(Source: P.A. 83-707.)
(735 ILCS 5/9-202) (from Ch. 110, par. 9-202)
Sec. 9-202.
Wilfully holding over.
If any tenant or any person who is in or comes into
possession of any lands, tenements or hereditaments, by, from or under,
or by collusion with the tenant, wilfully holds over any lands,
tenements or hereditaments, after the expiration of his or her term or terms,
and after demand made in writing, for the possession thereof, by his or her
landlord, or the person to whom the remainder or reversion of such
lands, tenements or hereditaments belongs, the person so holding over,
shall, for the time the landlord or rightful owner is so kept out of
possession, pay to the person so kept out of possession, or his or her legal
representatives, at the rate of double the yearly value of the lands,
tenements or hereditaments so detained to be recovered by a civil
action.
(Source: P.A. 83-707.)
(735 ILCS 5/9-203) (from Ch. 110, par. 9-203)
Sec. 9-203.
Holding over after notice.
If any tenant gives notice of his
or her intention to quit the
premises which are held by him or her, at a time mentioned in such
notice, at which time the
tenant would have a right to quit by the lease, and does not
accordingly deliver up possession thereof, such tenant shall pay to the
landlord or lessor double the rent or sum which would otherwise be
due, to be collected in the same manner as the rent otherwise due
should have been collected.
(Source: P.A. 82-783.)
(735 ILCS 5/9-204) (from Ch. 110, par. 9-204)
Sec. 9-204.
Rent in arrears - Re-entry.
In all cases between landlord
and tenant, where one-half
year's rent is in arrears and unpaid, and the landlord or lessor to whom
such rent is due has the right by law to re-enter for non-payment
thereof, such landlord or lessor may, without any formal demand or
re-entry, commence an action of ejectment for the recovery of the
demised premises. In case judgment is entered in favor of the plaintiff in the
action of ejectment before
the rent in arrearage and costs of the action are paid, then the lease of
the lands shall cease and be determined, unless the lessee shall by
appeal reverse the judgment, or by petition filed within 6 months after the entry
of such judgment, obtain relief from the same. However, any
tenant may, at any time before final judgment on the ejectment, pay or
tender to the landlord or lessor of the premises the amount of rent in
arrears and costs of the action, whereupon the action of
ejectment shall be dismissed.
(Source: P.A. 82-280.)
(735 ILCS 5/9-205) (from Ch. 110, par. 9-205)
Sec. 9-205. Notice to terminate tenancy from year to year. Except as
provided in Section 9-206 and Section 9-207.5 of this Act, in all cases of tenancy
from year to year, 60 days' notice, in writing, shall be sufficient to
terminate the tenancy at the end of the year. The notice may be given at
any time within 4 months preceding the last 60 days of the year.
(Source: P.A. 98-514, eff. 11-19-13.)
(735 ILCS 5/9-206) (from Ch. 110, par. 9-206)
Sec. 9-206. Notice to terminate tenancy of farm land. Subject to the provisions of Section 16 of the Landlord and Tenant Act, in order to terminate
tenancies from year to year of farm
lands, occupied on a crop share, livestock share, cash rent or other
rental basis, the notice to quit shall be given in writing not less than
4 months prior to the end of the year of letting. Such notice may not be
waived in a verbal lease. The notice to quit may be substantially in the
following form:
To A.B.: You are hereby notified that I have elected to terminate
your lease of the farm premises now occupied by you, being (here
describe the premises) and you are hereby further notified to quit and
deliver up possession of the same to me at the end of the lease year,
the last day of such year being (here insert the last day of the lease
year).
(Source: P.A. 97-913, eff. 1-1-13.)
(735 ILCS 5/9-206.1)
Sec. 9-206.1.
Life tenancy termination; farmland leases.
(a) Tenancies from year to year of farmland occupied on a crop share,
livestock share, cash rent, or other rental basis in which the lessor is the
life tenant or the representative of the life tenant shall continue until the
end of the current lease year in which the life tenant's interest terminates
unless otherwise provided in writing by the lessor and the lessee.
(b) Whenever the life tenancy of the lessor terminates not more than 6
months before the end of the tenancy of the lessee but before the
beginning of the next crop year, the lessee of the farmlands is entitled to
reasonable costs incurred in field preparation for the next crop year, payable
by the succeeding life tenant or remainderman.
As used in this Section "farmland" means any property used primarily for the
growing and harvesting of crops; the feeding, breeding and
management of livestock; dairying, or any other agricultural or
horticultural use or combination thereof, including, but not limited to,
hay, grain, fruit, truck or vegetable crops, floriculture, mushroom
growing, plant or tree nurseries, orchards, forestry, sod farming and
greenhouses; the keeping, raising and feeding of livestock or poultry,
including poultry, swine, sheep, beef cattle, ponies or horses; dairy farming;
fur farming; beekeeping; or fish or wildlife farming.
(Source: P.A. 89-549, eff. 1-1-97.)
(735 ILCS 5/9-207) (from Ch. 110, par. 9-207)
Sec. 9-207. Notice to terminate tenancy for less than a year.
(a) Except as provided in Section 9-207.5 of this Code, in all
cases of tenancy from week to week, where the tenant
holds over without special agreement, the landlord may terminate the
tenancy by 7 days' notice, in writing, and may maintain an action
for eviction or ejectment.
(b) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy for any term less than one year, other than
tenancy from week to week, where the tenant holds over without special
agreement, the landlord may terminate the tenancy by 30 days'
notice, in writing, and may maintain an action for eviction or ejectment.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-207.5)
Sec. 9-207.5. Termination of bona fide leases in residential real estate in foreclosure.
(a) A mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale under Section 15-1507 of this Code, who assumes control of the residential real estate in foreclosure, as defined in Section 15-1225 of this Code, may terminate a bona fide lease, as defined in Section 15-1224 of this Code, only: (i) at the end of the term of the bona fide lease, by no less than 90 days' written notice or (ii) in the case of a bona fide lease that is for a month-to-month or week-to-week term, by no less than 90 days' written notice.
(b) Notwithstanding the provisions of subsection (a) of this Section, an individual who assumes control of residential real estate in foreclosure pursuant to a judicial sale and who will occupy a dwelling unit of the residential real estate in foreclosure as his or her primary residence may terminate the bona fide lease for the dwelling unit subject to the 90-day notice requirement of subsection (a) of this Section.
(c) Nothing in this Section or Section 15-1224 of this Code shall abrogate the rights of a mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale, who assumes control of the residential real estate in foreclosure to terminate a bona fide lease of a dwelling unit in residential real estate in foreclosure under Section 9-118, 9-119, 9-120, 9-201, 9-202, 9-203, 9-204, 9-209, or 9-210 of this Code.
(Source: P.A. 98-514, eff. 11-19-13.)
(735 ILCS 5/9-208) (from Ch. 110, par. 9-208)
Sec. 9-208. Further demand. Where a tenancy is terminated by notice, under
either of the
2 preceding sections, no further demand is necessary before
bringing an action under the statute in relation to eviction or
ejectment.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
Sec. 9-209. Demand for rent - eviction action. A landlord or his
or her agent may, any time after rent is due,
demand payment thereof and notify the tenant, in writing, that unless
payment is made within a time mentioned in such notice, not less than
5 days after service thereof, the lease will be terminated. If the tenant does not pay the rent due within the time stated in the notice under this Section, the landlord may consider the lease ended and commence an eviction or ejectment action without further notice or demand. A
claim for rent may be joined in the complaint, including a request for the pro rata amount of rent due for any period that a judgment is stayed, and a judgment obtained for
the amount of rent found due, in any action or proceeding brought, in an eviction
action under this Section.
Notice made pursuant to this Section shall, as hereinafter stated, not
be invalidated by payments of past due rent demanded in the notice, when
the payments do not, at the end of the notice period, total the amount demanded
in the notice. The landlord may, however, agree in writing to continue
the lease in exchange for receiving partial payment. To prevent invalidation,
the notice must prominently state:
"Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's
right to terminate the lease under this notice, unless the landlord agrees
in writing to continue the lease in exchange for receiving partial payment."
Collection by the landlord
of past rent due after the filing of a suit for eviction or ejectment
pursuant to failure of the tenant to pay the rent demanded in the notice
shall not invalidate the suit.
(Source: P.A. 100-173, eff. 1-1-18.)
(735 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 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. 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.)."
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.)
(735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
Sec. 9-211.
Service of demand or notice.
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.)
(735 ILCS 5/9-212) (from Ch. 110, par. 9-212)
Sec. 9-212.
Evidence of service.
When such demand is made or notice
served by an officer
authorized to serve process, the officer's return is prima facie evidence of
the facts therein stated, and if such demand is made or notice served by
any person not an officer, the return may be sworn to by the person
serving the same, and is then prima facie evidence of the facts
therein stated.
(Source: P.A. 82-280.)
(735 ILCS 5/9-213) (from Ch. 110, par. 9-213)
Sec. 9-213.
Expiration of term.
When the tenancy is for a certain period,
and the term
expires by the terms of the lease, the tenant is then bound to surrender
possession, and no notice to quit or demand of possession is necessary.
(Source: P.A. 82-280.)
(735 ILCS 5/9-213.1) (from Ch. 110, par. 9-213.1)
Sec. 9-213.1.
Duty of landlord to mitigate damages.
After January
1, 1984, a
landlord or his or her agent shall take reasonable measures to mitigate the damages
recoverable against a defaulting lessee.
(Source: P.A. 84-1043.)
(735 ILCS 5/9-214) (from Ch. 110, par. 9-214)
Sec. 9-214.
Lease defined.
The term "lease," as used in Part 2 of
Article IX of this Act, includes every
letting, whether by verbal or written agreement.
(Source: P.A. 82-280.)
(735 ILCS 5/9-215) (from Ch. 110, par. 9-215)
Sec. 9-215.
Remedies available to grantee.
The grantees of any leased
lands, tenements, rents or other
hereditaments, or of the reversion thereof, the assignees of the lessor
of any lease, and the heirs, legatees and personal representatives of the lessor,
grantee or assignee, shall have the same remedies by action or
otherwise, for the non-performance of any agreement in the lease, or for
the recovery of any rent, or for the doing of any waste or other cause
of forfeiture, as their grantor or lessor might have had if such
reversion had remained in such lessor or grantor.
(Source: P.A. 83-707.)
(735 ILCS 5/9-216) (from Ch. 110, par. 9-216)
Sec. 9-216.
Remedies available to lessee.
The lessees of any lands,
their assigns or personal
representatives, shall have the same remedy, by action or otherwise,
against the lessor, his or her grantees, assignees or his, her or their
representatives, for the breach of any agreement in such lease, as such
lessee might have had against his or her immediate lessor. This
section shall have no application to the covenants against incumbrances,
or relating to the title or possession of the premises demised.
(Source: P.A. 82-280.)
(735 ILCS 5/9-217) (from Ch. 110, par. 9-217)
Sec. 9-217.
Rent recoverable by representative, from subtenant.
When
a tenant for life demises any lands and dies on or after the day when any
rent becomes due and payable, his or her executor or administrator may recover
from the subtenant the whole rent due, but if such tenant for life dies,
before the day when any rent is to become due, his or her executor or administrator
may recover the proportion of rent which accrued before his or her death,
and the remainder man shall recover for the residue.
(Source: P.A. 82-280.)
(735 ILCS 5/9-218)
Sec. 9-218. Rent payments at business office.
(a) If the lessor, or agent of the lessor, of residential real property, containing 100 or more residential units in either a single building or a complex of buildings, maintains a business office on the premises of the building or complex that has regularly scheduled office hours, then the lessor, or agent of the lessor, must accept rent payments from a lessee of any of those residential units at that business office during the regularly scheduled office hours and the lessor may not impose any penalty, fee, or charge for making rent payments in this manner that are otherwise considered timely under the lease, but the landlord may refuse to accept payment by cash when rent payments are made in this manner.
(b) This Section applies to each lease and other rental agreement in effect on the effective date of this amendatory Act of the 94th General Assembly unless there is specific language in that lease or other rental agreement that conflicts with the provisions of this Section. If any provision of a lease or other rental agreement entered into, extended, or renewed on or after the effective date of this amendatory Act of the 94th General Assembly conflicts with the provisions of this Section, then that provision of the lease or other rental agreement is void and unenforceable.
(Source: P.A. 94-2, eff. 5-31-05.)
(735 ILCS 5/Art. IX Pt. 3 heading)
(735 ILCS 5/9-301) (from Ch. 110, par. 9-301)
Sec. 9-301.
Property subject to distraint.
In all cases of distress
for rent, the landlord, by himself or herself,
his or her agent or attorney, may seize for rent any personal property of his or her
tenant that may be found in the county where such tenant resides,
and in no case shall the property of any other person, although the same
may be found on the premises, be liable to seizure for rent due from
such tenant.
(Source: P.A. 82-280.)
(735 ILCS 5/9-302) (from Ch. 110, par. 9-302)
Sec. 9-302.
Filing of distress warrant with inventory.
The person making
such distress shall immediately file with
the clerk of the circuit court a copy of the distress warrant, together
with an inventory of the property levied upon.
(Source: P.A. 82-280.)
(735 ILCS 5/9-303) (from Ch. 110, par. 9-303)
Sec. 9-303.
Summons and return.
Upon the filing of such copy of distress warrant and
inventory, the clerk shall issue a summons against the party against
whom the distress warrant has been issued, returnable as summons in other civil cases.
(Source: P.A. 82-280.)
(735 ILCS 5/9-304) (from Ch. 110, par. 9-304)
Sec. 9-304.
Notice to non-residents.
When it appears, by affidavit filed
in the court where such
proceeding is pending, that the defendant is a nonresident or has
departed from this state, or on due inquiry cannot be found, or is
concealed within this state, and the affiant states the place of
residence of the defendant, if known, and if not known, that upon
diligent inquiry he or she has not been able to ascertain the same, notice may
be given as in attachment cases.
(Source: P.A. 82-280.)
(735 ILCS 5/9-305) (from Ch. 110, par. 9-305)
Sec. 9-305.
Proceedings - Pleading.
The action shall thereafter proceed
in the same manner as in
case of attachment before the court. It shall not be necessary for the
plaintiff in any case to file a complaint, but the distress warrant
shall stand as a complaint and shall be amendable, as complaints in other civil cases,
but no such amendment shall in any way affect any liabilities that
have accrued in the execution of such warrant.
(Source: P.A. 82-280.)
(735 ILCS 5/9-306) (from Ch. 110, par. 9-306)
Sec. 9-306.
Counterclaim - Defenses.
The defendant may file a counterclaim as in
other civil actions or other defense which would have been proper if the
action had been for the rent, and with like effect.
(Source: P.A. 82-280.)
(735 ILCS 5/9-307) (from Ch. 110, par. 9-307)
Sec. 9-307.
Judgment for plaintiff.
If the plaintiff recovers, judgment shall be
entered in favor of plaintiff, for the amount which the court finds to be
due the plaintiff.
(Source: P.A. 82-280.)
(735 ILCS 5/9-308) (from Ch. 110, par. 9-308)
Sec. 9-308.
Effect of judgment against defendant.
After the defendant is
served with process or appears in
the action, the judgment shall have the same force and effect as if served by
summons, and the judgment may be enforced, not only
against the property distrained, but also against the other property of
the defendant. But the property distrained, if the same has not been
replevied or released from seizure, shall be first sold.
(Source: P.A. 82-280.)
(735 ILCS 5/9-309) (from Ch. 110, par. 9-309)
Sec. 9-309.
Judgment by default.
When publication of notice, as provided
by law, but the defendant is not served with process and does not
appear, judgment by default may be entered, and the plaintiff may
recover the amount due him or her for rent at the time of issuing the distress
warrant, and enforcement may be had against the property
distrained, but no enforcement may be had against any other property of
the defendant.
(Source: P.A. 82-280.)
(735 ILCS 5/9-310) (from Ch. 110, par. 9-310)
Sec. 9-310.
Judgment in favor of defendant - Counterclaim.
If the judgment
is in favor of the defendant, the defendant shall
recover costs and judgment shall be entered for the return to the defendant
of the property distrained,
unless the same has been replevied or released from such distress.
If a counterclaim is interposed, and it is determined by the court that a balance is due
from the plaintiff to the defendant, judgment shall be entered in favor
of the defendant.
(Source: P.A. 82-280.)
(735 ILCS 5/9-311) (from Ch. 110, par. 9-311)
Sec. 9-311.
Bond for release of property.
When any distress warrant is
levied, the person whose
property is distrained, may release the same by entering into bond in
double the amount of the rent claimed, payable to the landlord, with
sufficient sureties, to be approved by the person making the levy, if
the bond is tendered before the filing of a copy of the warrant, as
provided in Part 3 of Article IX of this Act, or if after,
by the clerk of the court in which
the action is pending, conditioned to pay whatever judgment the landlord
may recover in the action, with costs of the action. If the bond is taken before
the filing of a copy of the distress warrant, such bond shall be filed
therewith, and if taken after the filing of a copy of the distress
warrant, it shall be filed in the office of the clerk of the court where
the action is pending.
(Source: P.A. 83-707.)
(735 ILCS 5/9-312) (from Ch. 110, par. 9-312)
Sec. 9-312.
Perishable property.
If any property distrained is of a
perishable nature and in
danger of immediate waste or decay, and is not replevied or bonded, the
landlord or his or her agent or attorney may, upon giving notice to the
defendant or his or her attorney, or if
neither can be found, without any notice, apply to the court in which
the action is pending describing the property, and showing that it is so
in danger, and if the court is satisfied that the property is of a
perishable nature and in danger of immediate waste or decay, and if the
defendant or his or her attorney is not served with notice, or does not appear,
that neither the defendant nor the attorney can be found, the court may
enter an order to
the person having possession of the property, directing the sale thereof
upon such time and notice, terms and conditions as the court shall
deem for the best interests of the parties concerned. The money resulting
from such sale shall be deposited with the clerk of the court in which
the action is pending, there to abide the event of the action.
(Source: P.A. 82-280.)
(735 ILCS 5/9-313) (from Ch. 110, par. 9-313)
Sec. 9-313.
Limitation.
The right of the landlord to distrain the personal goods of
the tenant, shall continue for the period of 6 months after the
expiration of the term for which the premises were demised or the
tenancy is terminated.
(Source: P.A. 82-280.)
(735 ILCS 5/9-314) (from Ch. 110, par. 9-314)
Sec. 9-314.
Distress for products and labor.
When the rent is payable
wholly or in part in specific
articles of property or products of the premises, or labor, the landlord
may distrain for the value of such articles, products or labor.
(Source: P.A. 82-280.)
(735 ILCS 5/9-315) (from Ch. 110, par. 9-315)
Sec. 9-315.
Exemption.
The same articles of personal property which are, by law,
exempt from the enforcement of a judgment thereon, except
the crops grown or growing upon the
demised premises, shall also be exempt from distress for rent.
(Source: P.A. 83-707.)
(735 ILCS 5/9-316) (from Ch. 110, par. 9-316)
Sec. 9-316.
Lien upon crops.
Every landlord shall have a lien upon the crops
grown or
growing upon the demised premises for the rent thereof, whether the same
is payable wholly or in part in money or specific articles of property
or products of the premises, or labor, and also for the faithful
performance of the terms of the lease. Such lien shall continue for the
period of 6 months after the expiration of the term for which the
premises are demised, and may be enforced by distraint as
provided in Part 3 of Article IX of this Act.
A good faith purchaser shall, however, take such crops free of any landlord's
lien unless, within 6 months prior to the purchase, the landlord provides
written notice of his lien to the purchaser by registered or certified mail.
Such notice shall contain the names and addresses of the landlord and tenant,
and clearly identify the leased property.
A landlord may require that, prior to his tenant's selling any crops
grown on the demised premises, the tenant disclose the name of the person
to whom the tenant intends to sell those crops. Where such a requirement
has been imposed, the tenant shall not sell the crops to any person other
than a person who has been disclosed to the landlord as a potential buyer
of the crops.
A lien arising under this Section shall have priority over any agricultural
lien as defined in, and over any security interest arising under, provisions of
Article 9 of the Uniform Commercial Code.
(Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)
(735 ILCS 5/9-316.1) (from Ch. 110, par. 9-316.1)
Sec. 9-316.1.
Tenant's duty to disclose to landlord identity of vendee
of crops.
(a) Where, pursuant to Section 9-316, a landlord has required
that, before the tenant sells crops grown on the demised premises, the tenant
disclose to the landlord the persons to whom the tenant intends to sell
such crops, it is unlawful for the tenant to sell the crops to a person
other than a person so disclosed to the landlord.
(b) An individual who knowingly violates this Section is guilty
of a Class A misdemeanor.
(c) A corporation convicted of a violation of this Section
is guilty
of a business offense and shall be fined not less than $2000 nor more than
$10,000.
(d) In the event the tenant is a corporation or a partnership, any officer,
director, manager or managerial agent of the tenant who violates this Section
or causes the tenant to violate this Section is guilty of
a Class A misdemeanor.
(e) It is an affirmative defense to a prosecution for the violation of
this Section that the tenant has paid to the landlord the proceeds
from the sale of the crops within 10 days after such sale.
(Source: P.A. 84-1043.)
(735 ILCS 5/9-317) (from Ch. 110, par. 9-317)
Sec. 9-317.
Landlord's right against sublessee.
In all cases when the
leased premises are sublet, or
the lease is assigned, the landlord shall have the same right to enforce
his or her lien against the sublessee or assignee, that the landlord has against the
tenant to whom the premises were leased.
(Source: P.A. 82-280.)
(735 ILCS 5/9-318) (from Ch. 110, par. 9-318)
Sec. 9-318.
Abandonment of premises.
When a tenant abandons or removes
from the premises or any
part thereof, the landlord or his or her agent or attorney may seize upon any
grain or other crops grown or growing upon the premises or part thereof
so abandoned, whether the rent is due or not. If such grain or other
crops or any part thereof is not fully grown or matured, the landlord or
his or her agent or attorney shall cause the same to be properly cultivated and
harvested or gathered, and may sell and dispose of the same, and apply
the proceeds, so far as may be necessary, to compensate for his or her
labor and expenses, and to pay the rent. The tenant may, at
any time before the sale of the property so seized, redeem the same by
tendering the rent due and the reasonable compensation and expenses of
the cultivation and harvesting or gathering the same, or the tenant may replevy
the property seized.
(Source: P.A. 82-280.)
(735 ILCS 5/9-319) (from Ch. 110, par. 9-319)
Sec. 9-319.
Removal of fixture.
Subject to the right of the landlord
to distrain for rent, a
tenant has the right to remove from the leased premises all
removable fixtures erected thereon by him or her during the term of the lease,
or of any renewal thereof, or of any successive leasing of the premises
while the tenant remains in possession in the character of a tenant.
(Source: P.A. 82-280.)
(735 ILCS 5/9-320) (from Ch. 110, par. 9-320)
Sec. 9-320.
Notice by nonresident owner.
(a) An owner of residential
real property containing more than 4 living units, who does not reside or
maintain an office therein and does not employ a manager or agent who resides
or maintains an office therein, shall:
(1) post or cause to be posted on such residential real property adjacent
to the mailboxes or within the interior of such residential real property
in a location visible to all the residents, a notice of not less than 20
square inches in size bearing:
(i) the name, address and telephone number of the person responsible for
managing the building; and
(ii) the name, address and telephone number of the company or companies
insuring such residential real property against loss or damage by fire or
explosion or if the residential real property is not insured, that shall
be stated in the notice; and
(2) within 24 hours from the time such owner is notified that any company
or companies insuring such residential real property against loss or damage
by fire or explosion has cancelled such insurance, post or cause to be posted
in the manner provided in subparagraph (1) notice of such cancellation.
(b) In lieu of the requirement for posting the notices prescribed in
subsection (a) of this Section and the owner's managing
agent may include such notice in a written rental or lease agreement or
may give such notice by first class mail addressed to the lessee or renter.
(c) Failure to give any notice required by this Section is a petty offense
and shall subject the owner to pay a fine of not more than $100 per day of violation.
(Source: P.A. 83-707.)
(735 ILCS 5/9-321) (from Ch. 110, par. 9-321)
Sec. 9-321.
Distress before rent due.
If any tenant shall, without the
consent of his or her
landlord, sell and remove, or permit to be removed, or be about to sell
and remove, or permit to be removed, from the demised premises, such
part or portion of the crops raised thereon, as shall endanger the lien
of the landlord upon such crops for the rent agreed to be paid, it is
lawful for the landlord to institute proceedings by distress
before the rent is due, as is now provided by law, in case of the
removal of the tenant from the demised premises; and thereafter the
proceedings shall be conducted in the same manner as is now provided by
law in ordinary cases of distress, where the rent is due and unpaid.
(Source: P.A. 82-280.)
Structure Illinois Compiled Statutes
735 ILCS 5/ - Code of Civil Procedure.
Article I - General Provisions
Article III - Administrative Review
Article VII - Eminent Domain (Repealed)
Article XII - Judgments - Enforcement
Article XV - Mortgage Foreclosure
Article XIX-c - Effective Date