Bill Text: IL HB5305 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure to provide that illegal possession of land during a 7-year period may not be used for a claim of adverse possession. Amends the Landlord and Tenant Act to provide that no person has a right to occupy or remain on or in any real property, residence, or structure in which the person has no written property interest under a written lease or rental agreement with the owner of the property. Provides that all persons legally occupying the property, residence, or structure shall be listed by name and date of birth on leases, rental agreements, or the rental application associated with the lease or rental agreement. Provides that no subleasing is allowed unless it is specifically allowed in the tenant's written lease or rental agreement with the owner. Provides that any such violation of the lease or rental agreement does not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee who must vacate the property after receiving notice to vacate from the property owner of record or the owner's agent.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5305 Detail]

Download: Illinois-2023-HB5305-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5305 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
735 ILCS 5/13-102 from Ch. 110, par. 13-102
765 ILCS 705/21 new
Amends the Code of Civil Procedure to provide that illegal possession of land during a 7-year period may not be used for a claim of adverse possession. Amends the Landlord and Tenant Act to provide that no person has a right to occupy or remain on or in any real property, residence, or structure in which the person has no written property interest under a written lease or rental agreement with the owner of the property. Provides that all persons legally occupying the property, residence, or structure shall be listed by name and date of birth on leases, rental agreements, or the rental application associated with the lease or rental agreement. Provides that no subleasing is allowed unless it is specifically allowed in the tenant's written lease or rental agreement with the owner. Provides that any such violation of the lease or rental agreement does not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee who must vacate the property after receiving notice to vacate from the property owner of record or the owner's agent.
LRB103 37259 JRC 67379 b
A BILL FOR
HB5305 LRB103 37259 JRC 67379 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 13-102 as follows:
(735 ILCS 5/13-102) (from Ch. 110, par. 13-102)
Sec. 13-102. Breach of condition subsequent. No person
shall commence an action for the recovery of lands, nor make an
entry thereon, by reason of the breach of a condition
subsequent, unless within 7 years after the time that
condition is first broken. Continuing, successive or recurring
breaches shall not extend the time for commencing the action
or making the entry. Possession shall be deemed to be adverse
and hostile from and after the first breach of a condition
subsequent, notwithstanding the occurrence of successive or
recurrent breaches. Possession is not adverse and hostile for
any time during a 7-year period the person was in possession of
lands in violation of Section 21 of the Landlord and Tenant
Act.
(Source: P.A. 82-280.)
Section 10. The Landlord and Tenant Act is amended by
adding Section 21 as follows:

HB5305 - 2 - LRB103 37259 JRC 67379 b