summary
Introduced
01/31/2025
01/31/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
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. Provides that no person has the right or legal standing to occupy or remain on or in any real property, residence, or structure if the person has no written property interest under a written lease or rental agreement with the owner of the property listed in county tax records or the owner's agent; no documentation of payment of rent made to the owner of the property or the owner's agent; or otherwise fails to provide any evidence of an oral or written agreement in which a property interest is claimed. Provides that all persons legally occupying a property, residence, or structure shall be listed by name and date of birth on a lease, rental agreement, or rental application associated with the lease or rental agreement or provide evidence that the person is an invitee of a lessee or authorized occupant of the property. Provides that no subleasing shall be allowed or deemed as legal in contrast to a lease or rental agreement that specifically prohibits subleases. Provides that a sublease made in violation of a lease or rental agreement shall not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee and the sublessee shall vacate the property after receiving notice from the property owner of record to depart.
AI Summary
This bill amends Illinois law to strengthen property ownership and occupancy rights by introducing new restrictions on adverse possession and illegal occupation. Specifically, the bill modifies the Code of Civil Procedure to clarify that possession of land cannot be considered adverse and hostile during a 7-year period if the occupancy violates the Landlord and Tenant Act. The bill also adds a new section to the Landlord and Tenant Act that establishes clear guidelines for legal property occupation. Under the new provisions, individuals can only legally occupy a property if they have a written lease or rental agreement with the property owner, can provide documentation of rent payments, or can prove an authorized occupancy arrangement. The bill requires all occupants to be listed by name and date of birth on lease documents and explicitly prohibits subleasing unless specifically allowed in the original lease. Furthermore, if a sublease violates the original lease terms, the sublessee must vacate the property upon receiving notice from the property owner. These changes aim to provide property owners with more robust legal protections against unauthorized occupation and to clarify the conditions under which someone can legally reside in a property.
Committee Categories
Justice
Sponsors (3)
Last Action
Added as Co-Sponsor Sen. Chris Balkema (on 05/30/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1400&GAID=18&DocTypeID=SB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/SB/10400SB1400.htm |
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