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. ), (735 ILCS 5/9-103) (from Ch. Any evidence (i.e., photos of damage, billing statements, etc.) Based on pre-pandemic data, more than 50% of eviction filings in Illinois do not result in a judgment against the tenant. Class X felony by lessee or occupant. The term "lease," as used in Part 2 of Article IX of this Act, includes every letting, whether by verbal or written agreement. 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. Depending on the reason for the eviction, once the order of execution has been issued/stay of execution has expired. (Source: P.A. 9-202) Sec. 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. (c) If a lessor does not change or rekey the lock as required in this Section, and a theft occurs at that dwelling unit that is attributable to the lessor's failure to change or rekey the lock, the landlord is liable for any damages from the theft that occurs as a result of the lessor's failure to comply with this Section. . 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. 82-280. 110, par. 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. 110, par. 9-105) Sec. A summons in the form provided in paragraph (b) of Rule 101 may not be served later than three days before the day for appearance. 110, par. However, for tenants that dont pay monthly, the amount of notice differs: In Illinois, if a tenant does not reside in Chicago and commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 10-Day Notice to Vacate. 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. 110, par. 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. (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. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. There is a newer version of the Illinois Compiled Statutes View our newest version here 2013 Illinois Compiled Statutes Chapter 765 - PROPERTY 765 ILCS 705/ - Landlord and Tenant Act. Service of demand or notice. A landlord can evict a tenant in Illinois for a variety of reasons. 100-173, eff. 9-312) Sec. (5) When a vendee having obtained possession under a. written or verbal agreement to purchase lands or tenements, and having failed to comply with the agreement, withholds possession thereof, after demand in writing by the person entitled to such possession; provided, however, that any such agreement for residential real estate as defined in the Illinois Mortgage Foreclosure Law entered into on or after July 1, 1987 where the purchase price is to be paid in installments over a period in excess of 5 years and the amount unpaid under the terms of the contract at the time of the filing of a foreclosure complaint under Article XV, including principal and due and unpaid interest, is less than 80% of the original purchase price shall be foreclosed under the Illinois Mortgage Foreclosure Law. a rate determined under the proviso of Section 221(d)(3) of the National Housing Act; (iii) insured, assisted, or held by HUD under. 1. 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. The summons must be served at least three days prior to the hearing. (Source: P.A. 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. received an Economic Impact Payment pursuant to Section 2001 of the CARES Act;" and is (2) "unable to make a full rent or housing payment due to a COVID-19 related hardship including, but not . (8) When any property is subject to the provisions of. 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. 110, par. Condominiums: demand, notice, termination of lease, and eviction. 100-173, eff. 9-106.1. 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. (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. Judgment for whole premises - Stay of enforcement. ), (735 ILCS 5/9-106.1) (from Ch. In Illinois, a landlord can evict a tenant for committing illegal activity on the premises. The defendant may under a general denial of the allegations of the complaint offer in evidence any matter in defense of the action. 9-307) Sec. 9-108. Such notice may not be waived in a verbal lease. based on the Retaliatory Eviction Act. 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. The eviction order is not subject to an exemption of homestead under Part 9 of Article XII of this Code. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. ), (735 ILCS 5/9-206.1) Sec. Judgment for part of premises. 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. The Illinois Condominium Property Act, also known as the "ICPA," governs condominium owners associations (COAs) in Illinois. 1-1-18. Pleadings and evidence. This includes people such as Animal Rights Commissioners or home inspectors. 82-280. 1-1-18. (e) An eviction order entered under this Section may not be stayed for any period in excess of 7 days by the court. 110, par. 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. Such notice may be substantially in the following form: "To A.B. (c) In order to exercise the right to terminate the lease granted to a service member under this Section, a service member or a member of the service member's family who resides with the service member at the leased premises 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 service member's period of service. 9-201. ), (735 ILCS 5/9-102) (from Ch. 9-316. A grace period may be available if stated in the lease/rental agreement. (Source: P.A. 1-1-18. ), (735 ILCS 5/9-105) (from Ch. 110, par. (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.