735 ilcs 5/9-101 Formerly cited as IL st ch 110 ¶ 9-101




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735 ILCS 5/9-101

Formerly cited as IL ST CH 110 ¶ 9-101

West's Smith-hurd Illinois Compiled Statutes Annotated Currentness

Chapter 735. Civil Procedure

Act 5. Code of Civil Procedure

Article IX. Forcible Entry and Detainer (Refs & Annos)

Part 1. In General (Refs & Annos)

5/9-101. Forcible entry prohibited

§ 9-101. Forcible entry prohibited. No person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he or she shall not enter with force, but in a peaceable manner.

735 ILCS 5/9-102

Formerly cited as IL ST CH 110 ¶ 9-102

West's Smith-hurd Illinois Compiled Statutes Annotated Currentness

Chapter 735. Civil Procedure

Act 5. Code of Civil Procedure

Article IX. Forcible Entry and Detainer (Refs & Annos)

Part 1. In General (Refs & Annos)

5/9-102. When action may be maintained

§ 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 possession thereof, after demand in writing by the person entitled to such possession; provided, however, that any such agreement for residential real estate as defined in the Illinois Mortgage Foreclosure Law [FN1] 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.

(7) When any property is subject to the provisions of the Condominium Property Act, [FN2] 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 [FN3] 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 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, (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 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.

735 ILCS 5/9-104

Formerly cited as IL ST CH 110 ¶ 9-104

West's Smith-hurd Illinois Compiled Statutes Annotated Currentness

Chapter 735. Civil Procedure

Act 5. Code of Civil Procedure



Article IX. Forcible Entry and Detainer (Refs & Annos)

Part 1. In General (Refs & Annos)

5/9-104. Demand--Notice--Return

§ 9-104. Demand--Notice--Return. The demand required by Section 9-102 of this Act may be made by delivering a copy thereof to the tenant, or by leaving such a copy with some person of the age of 13 years or upwards, residing on, or being in charge of, the premises; or in case no one is in the actual possession of the premises, then by posting the same on the premises; or if those in possession are unknown occupants who are not parties to any written lease, rental agreement, or right to possession agreement for the premises, then by delivering a copy of the notice, directed to "unknown occupants", to the occupant or by leaving a copy of the notice with some person of the age of 13 years or upwards occupying the premises, or by posting a copy of the notice on the premises directed to "unknown occupants". When such demand is made by an officer authorized to serve process, his or her return is prima facie evidence of the facts therein stated, and if such demand is made by any person not an officer, the return may be sworn to by the person serving the same, and is then prima facie evidence of the facts therein stated. The demand for possession may be in the following form: To ...


I hereby demand immediate possession of the following described premises: (describing the same.)


The demand shall be signed by the person claiming such possession, his or her agent, or attorney.

735 ILCS 5/9-209

Formerly cited as IL ST CH 110 ¶ 9-209

West's Smith-hurd Illinois Compiled Statutes Annotated Currentness

Chapter 735. Civil Procedure

Act 5. Code of Civil Procedure

Article IX. Forcible Entry and Detainer (Refs & Annos)

Part 2. Recovery of Rent; Termination of Certain Tenancies (Refs & Annos)

5/9-209. Demand for rent--Action for possession

§ 9-209. Demand for rent--Action for possession. A landlord or his or her agent may, any time after rent is due, demand payment thereof and notify the tenant, in writing, that unless payment is made within a time mentioned in such notice, not less than 5 days after service thereof, the lease will be terminated. If the tenant does not within the time mentioned in such notice, pay the rent due, the landlord may consider the lease ended, and sue for the possession under the statute in relation to forcible entry and detainer, or maintain ejectment without further notice or demand. A claim for rent may be joined in the complaint, and a judgment obtained for the amount of rent found due, in any action or proceeding brought, in an action of forcible entry and detainer for the possession of the leased premises, under this section.


Notice made pursuant to this Section shall, as hereinafter stated, not be invalidated by payments of past due rent demanded in the notice, when the payments do not, at the end of the notice period, total the amount demanded in the notice. The landlord may, however, agree in writing to continue the lease in exchange for receiving partial payment. To prevent invalidation, the notice must prominently state:


"Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment."


Collection by the landlord of past rent due after the filing of a suit for possession or ejectment pursuant to failure of the tenant to pay the rent demanded in the notice shall not invalidate the suit.


735 ILCS 5/9-301

Formerly cited as IL ST CH 110 ¶ 9-301

West's Smith-hurd Illinois Compiled Statutes Annotated Currentness

Chapter 735. Civil Procedure

Act 5. Code of Civil Procedure



Article IX. Forcible Entry and Detainer (Refs & Annos)

Part 3. Distress for Rent (Refs & Annos)

5/9-301. Property subject to distraint

§ 9-301. Property subject to distraint. In all cases of distress for rent, the landlord, by himself or herself, his or her agent or attorney, may seize for rent any personal property of his or her tenant that may be found in the county where such tenant resides, and in no case shall the property of any other person, although the same may be found on the premises, be liable to seizure for rent due from such tenant.

735 ILCS 5/9-302

Formerly cited as IL ST CH 110 ¶ 9-302

West's Smith-hurd Illinois Compiled Statutes Annotated Currentness

Chapter 735. Civil Procedure

Act 5. Code of Civil Procedure

Article IX. Forcible Entry and Detainer (Refs & Annos)

Part 3. Distress for Rent (Refs & Annos)

5/9-302. Filing of distress warrant with inventory

§ 9-302. Filing of distress warrant with inventory. The person making such distress shall immediately file with the clerk of the circuit court a copy of the distress warrant, together with an inventory of the property levied upon.


735 ILCS 5/9-303

Formerly cited as IL ST CH 110 ¶ 9-303

West's Smith-hurd Illinois Compiled Statutes Annotated Currentness

Chapter 735. Civil Procedure

Act 5. Code of Civil Procedure



Article IX. Forcible Entry and Detainer (Refs & Annos)

Part 3. Distress for Rent (Refs & Annos)

5/9-303. Summons and return

§ 9-303. Summons and return. Upon the filing of such copy of distress warrant and inventory, the clerk shall issue a summons against the party against whom the distress warrant has been issued, returnable as summons in other civil cases.


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