Bill Text: IL SB2489 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Eviction Article of the Code of Civil Procedure. Deletes language that precludes an eviction action in the case of a vendee obtaining possession under a written or verbal agreement to purchase lands or tenements, failing to comply with the agreement, and withholding possession thereof, 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 is less than 80% of the original purchase price, shall be foreclosed. Provides instead that an eviction action may be brought if the residential real estate is not subject to an installment contract or a specified provision under the Illinois Mortgage Foreclosure Law relating to real estate installment contracts. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2489 Detail]

Download: Illinois-2019-SB2489-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2489 Introduced 1/22/2020, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-102 from Ch. 110, par. 9-102
Amends the Eviction Article of the Code of Civil Procedure. Deletes language that precludes an eviction action in the case of a vendee obtaining possession under a written or verbal agreement to purchase lands or tenements, failing to comply with the agreement, and withholding possession thereof, 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 is less than 80% of the original purchase price, shall be foreclosed. Provides instead that an eviction action may be brought if the residential real estate is not subject to an installment contract or a specified provision under the Illinois Mortgage Foreclosure Law relating to real estate installment contracts. Effective immediately.
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A BILL FOR
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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 9-102 as follows:
(735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
Sec. 9-102. When action may be maintained.
(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.
(2) When a peaceable entry is made and the possession
unlawfully withheld.
(3) When entry is made into vacant or unoccupied lands
or tenements without right or title.
(4) When any lessee of the lands or tenements, or any
person holding under such lessee, holds possession without
right after the termination of the lease or tenancy by its
own limitation, condition or terms, or by notice to quit or
otherwise.
(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

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possession thereof, after demand in writing by the person
entitled to such possession; provided, however, that any
such agreement for residential real estate is not an
installment sales contract, as defined in the Installment
Sales Contract Act, and is not subject to paragraph (2) of
subsection (a) of Section 15-1106 of 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.
This amendatory Act of 1993 is declarative of existing
law.
(6) When lands or tenements have been conveyed by any
grantor in possession, or sold under the order or judgment
of any court in this State, or by virtue of any sale in any
mortgage or deed of trust contained and the grantor in
possession or party to such order or judgment or to such
mortgage or deed of trust, after the expiration of the time
of redemption, when redemption is allowed by law, refuses
or neglects to surrender possession thereof, after demand
in writing by the person entitled thereto, or his or her
agent.

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(7) When any property is subject to the provisions of
the Condominium Property Act, the owner of a unit fails or
refuses to pay when due his or her proportionate share of
the common expenses of such property, or of any other
expenses lawfully agreed upon or any unpaid fine, the Board
of Managers 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; or if the lessor-owner of a unit fails to comply
with the leasing requirements prescribed by subsection (n)
of Section 18 of the Condominium Property Act or by the
declaration, by-laws, and rules and regulations of the
condominium, or if a lessee of an owner is in breach of any
covenants, rules, regulations, or by-laws of the
condominium, and the Board of Managers or its agents have
served the demand set forth in Section 9-104.2 of this
Article in the manner provided in that Section.
(8) When any property is subject to the provisions of 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

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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.
(b) The provisions of paragraph (8) of subsection (a) of
Section 9-102 and Section 9-104.3 of this Act shall not apply
to any common interest community unless (1) the association is
a not-for-profit corporation or a limited liability company,
(2) unit owners are authorized to attend meetings of the board
of directors or board of managers of the association in the
same manner as provided for condominiums under the Condominium
Property Act, and (3) the board of managers or board of
directors of the common interest community association has,
subsequent to the effective date of this amendatory Act of 1984
voted to have the provisions of this Article apply to such
association and has delivered or mailed notice of such action
to the unit owners or unless the declaration of the association
is recorded after the effective date of this amendatory Act of
1985.
(c) For purposes of this Article:
(1) "Common interest community" means real estate
other than a condominium or cooperative with respect to
which any person by virtue of his or her ownership of a
partial interest or unit therein is obligated to pay for

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maintenance, improvement, insurance premiums, or real
estate taxes of other real estate described in a
declaration which is administered by an association.
(2) "Declaration" means any duly recorded instruments,
however designated, that have created a common interest
community and any duly recorded amendments to those
instruments.
(3) "Unit" means a physical portion of the common
interest community designated by separate ownership or
occupancy by boundaries which are described in a
declaration.
(4) "Unit owners' association" or "association" means
the association of all owners of units in the common
interest community acting pursuant to the declaration.
(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.
(Source: P.A. 99-41, eff. 7-14-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.