Subject Index Landlord and Tenant

The Illinois General Assembly enacted the Summary of Rights for Safer Homes Act. The director of the Illinois Department of Human Rights is now required to create a summary detailing the rights and remedies of tenants who are survivors of domestic violence or sexual violence that are guaranteed to them by the Safe Homes Act, the Code of Civil Procedure, the Illinois Human Rights Act, the Public Utilities Act, the Illinois Municipal Code, and the Counties Code. Landlords leasing residential property must attach a copy of the summary as the first page of a lease, regardless of whether that lease is new or a renewal.

The Illinois General Assembly amended the Landlord and Tenant Act. Before a tenant signs a lease or rental agreement, the landlord must clearly disclose in writing if the property is in a Federal Emergency Management Agency-designated special flood hazard area and if the landlord has actual knowledge that the property or any portion of a parking area has been subject to flooding.

The Illinois General Assembly amended the Mobile Home Landlord and Tenant Rights Act. Mobile home parks that have not applied for their license, have not applied for their license renewal, or have failed to pay the required fees under the Mobile Home Park Act now have limited statutory grounds to evict tenants.

The Illinois General Assembly amended the Landlord and Tenant Act. A landlord cannot require a tenant or prospective tenant to pay any amount due to the landlord under a residential lease, renewal, or extension agreement by means of an electronic funds transfer.

The Illinois Housing Development Authority adopted amendments to the Rental Housing Support Program (RHS) to align with the Rental Housing Support Program Act.

The plaintiff, who fell behind on her home mortgage payments, filed complaints for trespass, negligent trespass, and assault. While the plaintiff was present in her house, and without notice or permission from the plaintiff, two men removed the lock on her back door and entered her house, having been instructed by the company hired by the mortgage lender to change the locks and “winterize” the house if it was vacant.

On May 21, 2021, the Third District of the Illinois Appellate Court affirmed in part a trial court’s dismissal of a lawsuit challenging Gov. Pritzker’s executive orders during the COVID-19 pandemic.

The Illinois General Assembly enacted Public Act 102-0005 to administer receipt of federal financial aid relief to eligible residential landlords and tenants amid the COVID-19 pandemic.

The Illinois Radon Awareness Act has been amended to require lessors of dwelling units to disclose any radon hazard to lessees. 420 ILCS 46/25 new.

Tenants must be given detailed notice of mortgage foreclosures, under new regulations passed by Illinois lawmakers. 

On February 27, 2009, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Adams County granting summary judgment in favor of the defendant, finding that the parties' lease agreement obligated the plaintiff, a commercial landlord, to replace the leased property's roof, and provided the defendant with the right to offset rent payments with the cost of replacing the roof. 

The Code of Civil Procedure has been amended to allow foreclosure tenants who are current on their rent to retain possession of their property for a designated period. 735 ILCS 5/15-1701. 

On March 8, 2007, the decision of the Circuit Court of Cook County was affirmed by the Illinois Appellate Court, First District. 

On November 29, 2005, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County, which held that the defendant property management company.

The Residential Tenants' Right to Repair Act will become effective January 1, 2005.

On September 10, 2003, the Appellate Court of Illinois, Fifth District, reversed the order of the Circuit Court of Jackson County dismissing the plaintiff's interest on security deposit and breach of contract counts and remanded the cause for further proceedings.

On January 24, 2003, the Illinois Supreme Court concluded that Potomac Insurance breached its obligation to defend when it refused to defend a personal injury action for lead poisoning.

On August 21, 2002, Gov. George H. Ryan signed into law Senate Bill 1934, amending the Code of Civil Procedure in order to permit service of process for eviction to be made upon an unknown occupant of a premises.