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. 9-108) Sec. I hereby demand immediate possession of the following, described premises: (describing the same. Limitation. ", The court shall grant the motion for the extension of the judgment of possession unless the defendant establishes that the tenancy has been reinstated, that the breach upon which the judgment 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 judgment. Understanding the Basics of Commercial Real Estate Evictions in Illinois 9-215. 7-1-01; 92-819, eff. Dismissal as to part. 9-106.1) Sec. If the tenant files an answer, she has very limited defenses in a forcible detainer action. Evidence of service. (c) If a judgment for possession 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 judgment for possession 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. 110, par. Tags: Complaint (Joint Action) Forcible Detainer-Damage Claims, CCM-N020, Illinois Local County, Cook Find a Lawyer Get a free directory profile listing ), (735 ILCS 5/9-212) (from Ch. The court shall, by order, stay the enforcement of the judgment for possession for a period of not less than 60 days from the date of the judgment and may stay the enforcement of the judgment for a period not to exceed 180 days from such date. 9-112) Sec. ), (735 ILCS 5/9-109.5) Sec. 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. 9-104.3. PDF Eviction and Rent Claim Defenses and Counterclaims; Trial Practice : 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.)." 9-104) Sec. 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. This amendatory Act of 1993 is declarative of, (6) When lands or tenements have been conveyed by any. 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. 8-9-96. Applicability of Article. Condominium property. No. 5-13-0362 in The Appellate Court of Illinois Ronald D. Moreland Eviction Act, 735 ILCS 5/9-101 et seq. 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. 9-101. Such notice shall contain the names and addresses of the landlord and tenant, and clearly identify the leased property. 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. Sign up for our free summaries and get the latest delivered directly to you. 97-236, eff. If however an action under paragraph (7) was brought against the defaulting unit owner only, and after obtaining judgment for possession 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 judgment 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 recover possession from the tenant or other occupant. 9-107. 9-120. The owner or lessor shall remain liable for the cost of the eviction whether or not the right to bring the forcible entry and detainer action has been assigned. Wilfully holding over. Warren County IL (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 forcible entry and detainer or ejectment. 9-309. (Source: P.A. 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. (Source: P.A. (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. Forcible Entry And Detainer Illinois - US Legal Forms After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter judgment for possession of the premises in favor of the plaintiff and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately. If the tenant does not within the time mentioned in such notice, pay the rent due, the landlord may consider the lease ended, and sue for the possession under the statute in relation to forcible entry and detainer, or maintain ejectment without further notice or demand. The court may order that a court file in a forcible entry and detainer 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. 9-104. 110, par. (C) murder, attempted murder, kidnapping. Joinder of several tenants. occurrence of the events described in items (A), (B), and (C) may result in eviction. 110, par. ), (735 ILCS 5/9-104.1) (from Ch. 110, par. 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. 90-360, eff. Effective January 1, 2018, this new law simplified the statute that governs evictions in Illinois by changing the confusing title (Forcible Entry and Detainer Act) and some of the . (Source: P.A. (2) The verified complaint alleges that there is. 9-303) Sec. 9-208. 9-102. 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. 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. 1-1-97. Affirmative defense for violence; barring persons from property. ), (735 ILCS 5/9-317) (from Ch. 90-557, eff. 110, par. 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. 84-1043. 94-2, eff. 110, par. 110, par. (Source: P.A. Rent is not paid. (Source: P.A. (Source: P.A. 9-213) Sec. These bills, Senate Bill 645 (Public Act 77-1759) and Senate Bill 646 (Public Act 77-1760), amend 92-823, eff. 9-112. 9-301) Sec. (Source: P.A. (Source: P.A. 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. 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. (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. 8-21-02. (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: (1) based solely on the tenant's, lessee's, or. 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. 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. 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. (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. ), (735 ILCS 5/9-104.2) (from Ch. 9-207. Illinois may have more current or accurate information. 82-280. 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. (a) As used in this Section: "Cannabis" has the meaning ascribed to that term in the Cannabis Control Act. 91-893, eff. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. ), (735 ILCS 5/9-207.5) Sec. 110, par. 9-216. lands or tenements without right or title. 9-110) Sec. Clore v. Fredman :: 1974 :: Supreme Court of Illinois Decisions Stat. 82-280. (c) The plaintiff may obtain a judgment for possession only and not for rent as to any unknown occupants. (735 ILCS 5/9-101) (from Ch. Upon the entry of a judgment in favor of a board of managers for possession of property 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 judgment, the board of managers shall have the right and authority, incidental to the right of possession of a unit under the judgment, 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 judgment occurs. Sealing of court file. (Source: P.A. If prior to execution of judgment for possession 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. (Source: P.A. ), (735 ILCS 5/9-114) (from Ch. (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. 9-104.1. 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. Perishable property. (4) "Unit owners' association" or "association" means. ), (735 ILCS 5/9-210) (from Ch. The list below represents which Illinois counties Watch Illinois will check to find Forcible Detainer public records, and also how far back the data goes. 110, par. 110, par. 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. 9-218. 9-113. 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. 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. It shows the amount as $0. 82-280. ), (735 ILCS 5/9-320) (from Ch. 82-280. 110, par. (a) The person entitled to the possession of lands or tenements may be restored thereto under any of the following circumstances: (1) When a forcible entry is made thereon. 9-214. (a-5) The Board of Managers may seek to terminate the right of possession of 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. Evictions (Forcible Entry and Detainer) ), (735 ILCS 5/9-103) (from Ch. ), (735 ILCS 5/9-213) (from Ch. (g) Further, a landlord may give notice to a person that the person is barred from the premises owned by the landlord. 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." 110, par. 9-305. 110, par. You're all set! (Source: P.A. (Source: P.A. (Source: P.A. Tags: Summons In Forcible Entry And Detainer, 83, Illinois Local County, Warren (b) This Section applies only if all of the following conditions are met: (1) The verified complaint seeks possession of. 7-20-99. 82-280.) Demand - Notice - Termination of Lease and Possession of a Condominium. 96-60, eff. (Source: P.A. direct evidence of refusal by the tenant to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises, provided that all of the following conditions have been met: (A) on 2 separate occasions within a 30 day. Summons In Forcible Entry And Detainer Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form Summons In Forcible Entry And Detainer Form. 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. ), (735 ILCS 5/9-109) (from Ch. 9-303. 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. 110, par. ), (735 ILCS 5/9-209) (from Ch. (Source: P.A. 9-206. (Source: P.A. the association of all owners of units in the common interest community acting pursuant to the declaration. (b) Discretionary sealing of court file. 82-280. Section 5/9-104.1 of the CCP requires that a demand be served on the buyer giving at least 30 days to satisfy the demand before suit may be filed. a declaration establishing a common interest community and requiring the unit owner to pay regular or special assessments for the maintenance or repair of common areas owned in common by all of the owners of the common interest community or by the community association and maintained for the use of the unit owners or of any other expenses of the association lawfully agreed upon, and the unit owner fails or refuses to pay when due his or her proportionate share of such assessments or expenses and the board or its agents have served the demand set forth in Section 9-104.1 of this Article in the manner provided for in that Section and the unit owner has failed to pay the amount claimed within the time prescribed in the demand. Holding over after notice. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. 110, par. 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". 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. (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. Summons In Forcible Entry And Detainer :: Illinois - Justia (Source: P.A. Judgment against plaintiff. Take a Tour. 9-213. To do so, they must first terminate the tenancy by giving 30 days' notice to move out. 82-280. (Source: P.A. 9-110. 9-212) Sec. When lands are held and occupied by any person without any special agreement for rent. Abandonment of premises.
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