Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3658

Introduced
2/9/24  
Refer
2/9/24  
Refer
2/28/24  
Report Pass
4/17/24  

Caption

REAL ESTATE ILLEGAL POSSESSION

Impact

The bill specifies that no individual can claim a right to occupy or remain in any property unless they have a formal lease or rental agreement with the legitimate property owner, as recorded in county tax records. Moreover, it mandates that all individuals residing in a property must be explicitly listed on the lease, thereby providing a clear and accountable framework for tenant identification. This amendment is expected to bolster property owners' rights and streamline the processes surrounding occupancy verification.

Summary

SB3658 amends the Code of Civil Procedure and the Landlord and Tenant Act in Illinois, particularly addressing issues around illegal possession of real property. One of the key provisions is that a claim for adverse possession cannot rely on illegal possession of land during any period of 7 years. This amendment aims to clarify the legal grounds surrounding property claims and enforce the necessity of proper legal standing for tenants and lessees in residential and real estate contexts.

Contention

One notable point of contention within SB3658 is the prohibition of subleasing when a lease or rental agreement explicitly forbids it. By refusing legal standing to sublessees who do not comply with these stipulations, the bill seeks to eliminate complications that arise from unauthorized subleases. Critics may argue that this could lead to increased housing instability for tenants who rely on subleasing to manage their living situations and cover expenses, potentially putting individuals at risk of eviction.

Companion Bills

No companion bills found.

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