IL
Illinois Senate Bill SB1400

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1400 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1400 Introduced 1/31/2025, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: 735 ILCS 5/13-102 from Ch. 110, par. 13-102765 ILCS 705/21 new 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. LRB104 08853 JRC 18908 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1400 Introduced 1/31/2025, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: 735 ILCS 5/13-102 from Ch. 110, par. 13-102765 ILCS 705/21 new 735 ILCS 5/13-102 from Ch. 110, par. 13-102 765 ILCS 705/21 new 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. LRB104 08853 JRC 18908 b LRB104 08853 JRC 18908 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1400 Introduced 1/31/2025, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
33 735 ILCS 5/13-102 from Ch. 110, par. 13-102765 ILCS 705/21 new 735 ILCS 5/13-102 from Ch. 110, par. 13-102 765 ILCS 705/21 new
44 735 ILCS 5/13-102 from Ch. 110, par. 13-102
55 765 ILCS 705/21 new
66 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.
77 LRB104 08853 JRC 18908 b LRB104 08853 JRC 18908 b
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1212 1 AN ACT concerning civil law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Code of Civil Procedure is amended by
1616 5 changing Section 13-102 as follows:
1717 6 (735 ILCS 5/13-102) (from Ch. 110, par. 13-102)
1818 7 Sec. 13-102. Breach of condition subsequent. No person
1919 8 shall commence an action for the recovery of lands, nor make an
2020 9 entry thereon, by reason of the breach of a condition
2121 10 subsequent, unless within 7 years after the time that
2222 11 condition is first broken. Continuing, successive or recurring
2323 12 breaches shall not extend the time for commencing the action
2424 13 or making the entry. Possession shall be deemed to be adverse
2525 14 and hostile from and after the first breach of a condition
2626 15 subsequent, notwithstanding the occurrence of successive or
2727 16 recurrent breaches. Possession is not adverse and hostile for
2828 17 any time during a 7-year period the person was in possession of
2929 18 lands in violation of Section 21 of the Landlord and Tenant
3030 19 Act.
3131 20 (Source: P.A. 82-280.)
3232 21 Section 10. The Landlord and Tenant Act is amended by
3333 22 adding Section 21 as follows:
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1400 Introduced 1/31/2025, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
3838 735 ILCS 5/13-102 from Ch. 110, par. 13-102765 ILCS 705/21 new 735 ILCS 5/13-102 from Ch. 110, par. 13-102 765 ILCS 705/21 new
3939 735 ILCS 5/13-102 from Ch. 110, par. 13-102
4040 765 ILCS 705/21 new
4141 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.
4242 LRB104 08853 JRC 18908 b LRB104 08853 JRC 18908 b
4343 LRB104 08853 JRC 18908 b
4444 A BILL FOR
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7070 1 (765 ILCS 705/21 new)
7171 2 Sec. 21. Illegal possession of property. No person shall
7272 3 have a right or legal standing to occupy or remain on or in any
7373 4 real property, residence, or structure if the person has no
7474 5 written property interest under a written lease or rental
7575 6 agreement with the owner of the property listed in county tax
7676 7 records or the owner's agent; has no documentation of payment
7777 8 of rent made to the owner of the property or the owner's agent;
7878 9 or otherwise fails to provide any evidence of an oral or
7979 10 written agreement in which a property interest is claimed. All
8080 11 persons legally occupying a property, residence, or structure
8181 12 shall be listed by name and date of birth on a lease, rental
8282 13 agreement, or rental application associated with the lease or
8383 14 rental agreement or provide evidence that the person is an
8484 15 invitee of a lessee or authorized occupant of the property. No
8585 16 subleasing shall be allowed or deemed as legal in contrast to a
8686 17 lease or rental agreement that specifically prohibits
8787 18 subleases. A sublease made in violation of a lease or rental
8888 19 agreement shall not establish legal standing to occupy or
8989 20 remain on or in any real property, residence, or structure by
9090 21 the sublessee and the sublessee shall vacate the property
9191 22 after receiving notice from the property owner of record, or
9292 23 the property owner's designee, to depart. If a person
9393 24 occupying a property as an invitee of a lessee or an authorized
9494 25 occupant of the property, the property owner shall comply with
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