HB6257 Summary

• Amends Section 9-120 of the Code of Civil Procedure regarding leased premises used in criminal activity to require written leases contain specific language notifying lessees that commission of felonies or Class A misdemeanors by the lessee, occupant, household members, or guests gives the lessor the right to void the lease and recover possession.

• Allows lessor or lessor's assignee to bring forcible entry and detainer actions, or authorizes assignment of this right to the State's Attorney or municipality corporation counsel, with the assignment limited to rights and duties up to delivery of the eviction order to the sheriff.

• Specifies that tenants do not forfeit security deposits solely due to eviction under this Section, except security deposits may be used to pay sheriff fees for executing the eviction.

• Establishes that if tenant does not vacate within 5 days of written notice after lease is voided, lessor may seek relief under Article IX and judgment for costs against defendant shall not be awarded unless action was brought in bad faith.

• Requires court to enter judgment for possession by preponderance of evidence and limits any stay of judgment to 7 days unless all parties agree otherwise, with sheriff required to execute the order within 7 days of entry or expiration of stay.