Illinois
PROPERTY
(765 ILCS 705/) Landlord and Tenant Act.
(765 ILCS 705/0.01) (from Ch. 80, par. 90)
Sec. 0.01. Short title. This Act may be cited as the Landlord and Tenant Act.
(Source: P.A. 89‑82, eff. 6‑30‑95.)
(765 ILCS 705/1) (from Ch. 80, par. 91)
Sec. 1. Liability exemptions.
(a) Except as otherwise provided in subsection (b), every covenant, agreement, or
understanding in or in connection with or collateral to any lease of real property,
exempting the lessor from liability for damages for injuries to person or property
caused by or resulting from the negligence of the lessor, his or her agents,
servants or employees, in the operation or maintenance of the demised premises or
the real property containing the demised premises shall be deemed to be void as
against public policy and wholly unenforceable.
(b) Subsection (a) does not apply to a provision in a non‑residential lease that
exempts the lessor from liability for property damage.
(Source: P.A. 94‑601, eff. 8‑16‑05.)
(765 ILCS 705/3)
Sec. 3. Rent payments at business office; cross‑reference. Leases and other rental
agreements may be subject to Section 9‑218 of the Code of Civil Procedure (735
ILCS 5/9‑218).
(Source: P.A. 94‑2, eff. 5‑31‑05.)
(765 ILCS 705/5)
Sec. 5. Class X felony by lessee or occupant.
(a) If, after the effective date of this amendatory Act of 1995, any lessee or
occupant is charged during his or her lease or contract term with having
committed an offense on the premises constituting a Class X felony under the laws
of this State, upon a judicial finding of probable cause at a preliminary hearing or
indictment by a grand jury, the lease or contract for letting the premises shall, at
the option of the lessor or the lessor's assignee, become void, and the owner or
the owner's assignee may notify the lessee or occupant by posting a written notice
at the premises requiring the lessee or occupant to vacate the leased premises on
or before a date 5 days after the giving of the notice. The notice shall state the
basis for its issuance on forms provided by the circuit court clerk of the county in
which the real property is located. The owner or owner's assignee may have the
same remedy to recover possession of the premises as against a tenant holding
over after the expiration of his or her term. The owner or lessor may bring a
forcible entry and detainer action.
(b) A person does not forfeit his or her security deposit or any part of the security
deposit due solely to an eviction under the provisions of this Section.
(c) If a lessor or the lessor's assignee voids a contract under the provisions of this
Section, and a tenant or occupant has not vacated the premises within 5 days after
receipt of a written notice to vacate the premises, the lessor or the lessor's
assignee may seek relief under Article IX of the Code of Civil Procedure.
Notwithstanding Sections 9‑112, 9‑113, and 9‑114 of the Code of Civil Procedure,
judgment for costs against the 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 if the plaintiff based his or her cause of action on
information provided to him or her by a law enforcement agency or the State's
Attorney.
(d) The provisions of this Section are enforceable only if the lessee or occupant
and the owner or owner's assignee have executed a lease addendum for drug free
housing as promulgated by the United States Department of Housing and Urban
Development or a substantially similar document.
(Source: P.A. 89‑82, eff. 6‑30‑95.)
(765 ILCS 705/) Landlord and Tenant Act.
(765 ILCS 705/0.01) (from Ch. 80, par. 90)
Sec. 0.01. Short title. This Act may be cited as the Landlord and Tenant Act.
(Source: P.A. 89‑82, eff. 6‑30‑95.)
(765 ILCS 705/1) (from Ch. 80, par. 91)
Sec. 1. Liability exemptions.
(a) Except as otherwise provided in subsection (b), every covenant, agreement, or
understanding in or in connection with or collateral to any lease of real property,
exempting the lessor from liability for damages for injuries to person or property
caused by or resulting from the negligence of the lessor, his or her agents,
servants or employees, in the operation or maintenance of the demised premises or
the real property containing the demised premises shall be deemed to be void as
against public policy and wholly unenforceable.
(b) Subsection (a) does not apply to a provision in a non‑residential lease that
exempts the lessor from liability for property damage.
(Source: P.A. 94‑601, eff. 8‑16‑05.)
(765 ILCS 705/3)
Sec. 3. Rent payments at business office; cross‑reference. Leases and other rental
agreements may be subject to Section 9‑218 of the Code of Civil Procedure (735
ILCS 5/9‑218).
(Source: P.A. 94‑2, eff. 5‑31‑05.)
(765 ILCS 705/5)
Sec. 5. Class X felony by lessee or occupant.
(a) If, after the effective date of this amendatory Act of 1995, any lessee or
occupant is charged during his or her lease or contract term with having
committed an offense on the premises constituting a Class X felony under the laws
of this State, upon a judicial finding of probable cause at a preliminary hearing or
indictment by a grand jury, the lease or contract for letting the premises shall, at
the option of the lessor or the lessor's assignee, become void, and the owner or
the owner's assignee may notify the lessee or occupant by posting a written notice
at the premises requiring the lessee or occupant to vacate the leased premises on
or before a date 5 days after the giving of the notice. The notice shall state the
basis for its issuance on forms provided by the circuit court clerk of the county in
which the real property is located. The owner or owner's assignee may have the
same remedy to recover possession of the premises as against a tenant holding
over after the expiration of his or her term. The owner or lessor may bring a
forcible entry and detainer action.
(b) A person does not forfeit his or her security deposit or any part of the security
deposit due solely to an eviction under the provisions of this Section.
(c) If a lessor or the lessor's assignee voids a contract under the provisions of this
Section, and a tenant or occupant has not vacated the premises within 5 days after
receipt of a written notice to vacate the premises, the lessor or the lessor's
assignee may seek relief under Article IX of the Code of Civil Procedure.
Notwithstanding Sections 9‑112, 9‑113, and 9‑114 of the Code of Civil Procedure,
judgment for costs against the 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 if the plaintiff based his or her cause of action on
information provided to him or her by a law enforcement agency or the State's
Attorney.
(d) The provisions of this Section are enforceable only if the lessee or occupant
and the owner or owner's assignee have executed a lease addendum for drug free
housing as promulgated by the United States Department of Housing and Urban
Development or a substantially similar document.
(Source: P.A. 89‑82, eff. 6‑30‑95.)
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