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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2124
Introduced 2/14/2008, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
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735 ILCS 5/9-106 |
from Ch. 110, par. 9-106 |
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Amends the Code of Civil Procedure. Provides that no forcible entry action may be filed against an occupant of a single family residence or apartment before January 1, 2010 if the tenant makes timely current rent payments. Provides that nothing in this provision prohibits filing a complaint for past due rent. Effective immediately.
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A BILL FOR
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SB2124 |
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LRB095 19293 AJO 45584 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by |
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| changing Section 9-106 as follows:
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| (735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
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| Sec. 9-106. Pleadings and evidence. |
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| (a) On complaint by the party or parties
entitled to
the |
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| possession of such premises being filed in the circuit court |
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| for the
county where such premises are situated, stating that |
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| such party is
entitled to the possession of such premises |
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| (describing the same with
reasonable certainty), and that the |
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| defendant (naming the defendant) unlawfully
withholds the |
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| possession thereof from him, her or them, the clerk of the
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| court shall issue a summons.
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| (b) The defendant may under a general denial of the |
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| allegations of the
complaint offer in evidence any matter in |
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| defense of the action.
Except as otherwise provided in Section |
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| 9-120,
no
matters not germane to the distinctive purpose of the |
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| proceeding shall
be introduced by joinder, counterclaim or |
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| otherwise. However,
a claim for rent may be joined in the |
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| complaint, and judgment may be entered
for the amount of rent |
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| found due.
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