Chapter 765 — PROPERTY

(765 ILCS 742/10) Sec. 10. Exceptions. (a) This Act does not apply to public housing as defined in Section 3(b) of the United States Housing Act of 1937, as amended from time to time, and any successor Act. (b) This Act does not apply to condominiums. (c) This Act does not apply …

(765 ILCS 742/15) Sec. 15. Tenant liabilities and responsibilities. The tenant is responsible for ensuring that: (1) the repairs are performed in a workmanlike manner in compliance with the appropriate law, administrative rule, or local ordinance or regulation; (2) the tradesman …

(765 ILCS 742/20) Sec. 20. Defense to eviction. A tenant may not assert as a defense to an action for rent or eviction that rent was withheld under this Act unless the tenant meets all the requirements provided for in this Act. (Source: P.A. 93-891, eff. 1-1-05.)

(765 ILCS 742/25) Sec. 25. Mechanics lien laws. For purposes of mechanics lien laws, repairs performed or materials furnished pursuant to this Act shall not be construed as having been performed or furnished pursuant to authority of or with permission of the landlord. (Source: P.…

(765 ILCS 742/30) Sec. 30. Home rule. A home rule unit may not regulate residential lease agreements in a manner that diminishes the rights of tenants under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the…

(765 ILCS 742/5) Sec. 5. Repair; deduction from rent. If a repair is required under a residential lease agreement or required under a law, administrative rule, or local ordinance or regulation, and the reasonable cost of the repair does not exceed the lesser of $500 or one-half o…

(765 ILCS 745/1) (from Ch. 80, par. 201) Sec. 1. Applicability. This Act shall regulate and determine legal rights, remedies and obligations of the parties to any lease of a mobile home or mobile home lot in a mobile home park containing five or more mobile homes within this Stat…

(765 ILCS 745/10) (from Ch. 80, par. 210) Sec. 10. Waiver of Provisions. Any provision of a lease whereby any provisions of this Act are waived is declared void. (Source: P.A. 81-637.)

(765 ILCS 745/11) (from Ch. 80, par. 211) Sec. 11. Provisions of mobile home park leases. Any lease hereafter executed or currently existing between an owner and tenant in a mobile home park in this State shall also contain, or shall be made to contain, the following covenants bi…

(765 ILCS 745/12) (from Ch. 80, par. 212) Sec. 12. Lease prohibitions. No lease hereafter executed or currently existing between a park owner and tenant in a mobile home park or manufactured home community in this State shall contain any provision: (a) Permitting the park owner t…

(765 ILCS 745/12a) (from Ch. 80, par. 212a) Sec. 12a. No lease hereafter executed between a mobile home park owner and a tenant in such a park in this State shall contain any provision requiring the tenant to purchase a mobile home from the park owner, or requiring that if the te…

(765 ILCS 745/13) (from Ch. 80, par. 213) Sec. 13. Tenant's Duties. The tenant shall agree at all times during the tenancy to: (a) Keep the mobile home unit, if he rents such, or the exterior premises if he rents a lot, in a clean and sanitary condition, free of garbage and rubbi…

(765 ILCS 745/14) (from Ch. 80, par. 214) Sec. 14. Rules and regulations of park. Rules and regulations promulgated and adopted by the park owner are enforceable against a tenant only if: (a) A copy of all rules and regulations was delivered by the park owner to the tenant prior …

(765 ILCS 745/14-1) (from Ch. 80, par. 214-1) Sec. 14-1. The Department of Public Health shall produce and distribute a pamphlet setting forth clearly, and in detail, the tenant's and park operator's rights and obligations under this Act. The pamphlet shall be produced within 90 …

(765 ILCS 745/14.2) Sec. 14.2. Relocation plan. The Department of Public Health shall facilitate the development of a plan to address the relocation efforts of manufactured home or mobile home owners who are compelled to relocate due to (i) the sale of the manufactured home commu…

(765 ILCS 745/14.3) Sec. 14.3. Water supply requirement. If exigent circumstances arise, the park owner is responsible for providing a water supply to each household. The amount shall be determined based on the lower-range quantity of water needed for survival, per person, pursua…

(765 ILCS 745/15) (from Ch. 80, par. 215) Sec. 15. Statutory grounds for eviction. (a) A park owner may terminate the lease and evict a tenant for any one or more of the following acts: (1) Non-payment of rent due; (2) Failure to comply with the park rules; (3) Failure to comply …

(765 ILCS 745/16) (from Ch. 80, par. 216) Sec. 16. Improper grounds for eviction. The following conduct by a tenant shall not constitute grounds for eviction or termination of the lease, nor shall an eviction order be entered against a tenant: (a) As a reprisal for the tenant's e…

(765 ILCS 745/17) (from Ch. 80, par. 217) Sec. 17. Notice required by Law. The following notice shall be printed verbatim in a clear and conspicuous manner in each lease or rental agreement of a mobile home or lot: "IMPORTANT NOTICE REQUIRED BY LAW: The rules set forth below gove…

(765 ILCS 745/18) (from Ch. 80, par. 218) Sec. 18. Security deposit; Interest. (a) If the lease requires the tenant to provide any deposit with the park owner for the term of the lease, or any part thereof, said deposit shall be considered a Security Deposit. Security Deposits sh…

(765 ILCS 745/19) (from Ch. 80, par. 219) Sec. 19. Purchase of Goods and Services. (a) No park owner shall restrict a tenant in his choice of a seller of fuel, furnishings, accessories or goods or services connected with a mobile home unless such restriction is necessary to prote…

(765 ILCS 745/2) (from Ch. 80, par. 202) Sec. 2. Jurisdiction. Any person whether or not a citizen or resident of this State, who owns, holds an ownership or beneficial interest in, uses, manages or possesses real estate situated in this State, submits himself or his personal rep…

(765 ILCS 745/20) (from Ch. 80, par. 220) Sec. 20. Gifts, Donations, Bonus, Gratuity, Etc. (a) Any park owner who, directly or indirectly, receives, collects or accepts from any person any donation, gratuity, bonus or gift, in addition to lawful charges, upon the representation t…

(765 ILCS 745/20.5) Sec. 20.5. Publication of false or misleading information; remedies. Any person who pays anything of value toward the purchase of a mobile home or placement of a mobile home in a mobile home park located in this State in reasonable reliance upon any material s…

(765 ILCS 745/21) (from Ch. 80, par. 221) Sec. 21. Remedies, Tenants. If the park owner fails to substantially conform to the lease agreement or fails to substantially comply with any code, statute, ordinance or regulation governing the operation of a mobile home park or the main…

(765 ILCS 745/22) (from Ch. 80, par. 222) Sec. 22. Remedies, park owner. A park owner may, any time rent is overdue, notify the tenant in writing that unless payment is made within the time specified in the notice, not less than 5 days after receipt thereof, the lease will be ter…

(765 ILCS 745/23) (from Ch. 80, par. 223) Sec. 23. Termination of Lease. If a tenant shall remain in possession of the premises after the expiration of his lease without having notified the park owner of his acceptance or rejection of a renewal of the lease and without the park o…

(765 ILCS 745/24) (from Ch. 80, par. 224) Sec. 24. Sale of mobile home. The park owner shall be enjoined and restrained from prohibiting, limiting, restricting, obstructing, or in any manner interfering with the freedom of any mobile home owner to: (a) Sell the mobile home to a p…

(765 ILCS 745/25) (from Ch. 80, par. 225) Sec. 25. Meetings of Tenants. Meetings by tenants relating to mobile home living shall not be subject to prohibition by the park owner if such meetings are held at reasonable hours and when facilities are available and not otherwise in us…

(765 ILCS 745/26) (from Ch. 80, par. 226) Sec. 26. This Act shall be cited as the "Mobile Home Landlord and Tenant Rights Act". (Source: P.A. 83-1083.)

(765 ILCS 745/3) (from Ch. 80, par. 203) Sec. 3. Definitions. Unless otherwise expressly defined, all terms in this Act shall be construed to have their ordinarily accepted meanings or such meaning as the context therein requires. (a) "Person" means any legal entity, including bu…

(765 ILCS 745/4) (from Ch. 80, par. 204) Sec. 4. Requisites for Rental or Offer of Mobile Home or Lot for Rental. No person shall rent or offer for rent any mobile home which does not conform to the sanitation, housing and health codes of the State or of the county or municipalit…

(765 ILCS 745/4a) (from Ch. 80, par. 204a) Sec. 4a. No park owner, after the effective date of this amendatory Act of 1987, may require a tenant to remove an outside conventional television antenna, or require that a tenant subscribe to and pay for master antenna television servi…

(765 ILCS 745/5) (from Ch. 80, par. 205) Sec. 5. Exemptions. No mobile home park operated by the State or the Federal Government, or park land owned by either, and no trailer park operated for the use of recreational campers or travel trailers shall be subject to the provisions o…

(765 ILCS 745/6) (from Ch. 80, par. 206) Sec. 6. Obligation of Park Owner to Offer Written Lease. Except as provided in this Act, no person shall offer a mobile home or lot for rent or sale in a mobile home park without having first exhibited to the prospective tenant or purchase…

(765 ILCS 745/6.2) Sec. 6.2. Utility services. (a) A park owner is prohibited from requiring a tenant to pay for utility services, such as water, sewer, and trash used in common areas in which a public utility company is charging for those services. If the public utility usage fo…

(765 ILCS 745/6.25) Sec. 6.25. Sale of mobile home parks; right of first refusal. (a) If a mobile home park owner offers a mobile home park for sale, the owner shall provide written notice to the officers of the homeowners' association created pursuant to Section 6.27 of the offe…

(765 ILCS 745/6.26) Sec. 6.26. Affidavit of compliance with statutory requirements. (a) A park owner may at any time record, in the official real estate records of the county or jurisdiction where a mobile home park is located, an affidavit in which the park owner certifies that:…

(765 ILCS 745/6.27) Sec. 6.27. Homeowners' associations. In order to exercise the rights of a homeowners' association as provided in this Act, the mobile home owners shall form an association in compliance with this Section and Sections 6.28, 6.29, and 6.30, shall be a corporatio…

(765 ILCS 745/6.28) Sec. 6.28. Incorporation; notification of park owner. (a) Upon receipt of its certificate of incorporation, the homeowners' association shall notify the park owner in writing of the incorporation and shall advise the park owner of the names and addresses of th…

(765 ILCS 745/6.29) Sec. 6.29. Articles of incorporation. The articles of incorporation of a homeowners' association shall provide: (1) That the association has the power to negotiate for, acquire, and operate the mobile home park on behalf of the mobile home owners. (2) For the …

(765 ILCS 745/6.3) Sec. 6.3. Temporary Tenant. If a tenant suffers from an illness or disability that requires the tenant to temporarily leave the mobile home park, the park owner shall allow a relative or relatives, designated by the tenant or the tenant's legal guardian or repr…

(765 ILCS 745/6.30) Sec. 6.30. Bylaws of homeowners' associations. (a) The directors of the association and the operation shall be governed by the bylaws. (b) The bylaws shall provide and, if they do not, shall be deemed to include, the following provisions: (1) The form of admin…

(765 ILCS 745/6.31) Sec. 6.31. Powers and duties of homeowners' association. (a) An association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers. For these purposes, the powers of the association include, but are not limited to, the maintena…

(765 ILCS 745/6.4) Sec. 6.4. Rent Deferral Program. A tenant or co-tenants may defer, for up to one year, payment of the amount by which the rent has most recently been increased if the tenant or co-tenants provide proof of inability to pay the increased rent amount by meeting th…

(765 ILCS 745/6.5) Sec. 6.5. Disclosure. A park owner must disclose in writing the following with every lease or sale and upon renewal of a lease of a mobile home or lot in a mobile home park or manufactured home community: (1) the rent charged for the mobile home or lot in the p…

(765 ILCS 745/6.6) Sec. 6.6. Notice of bankruptcy or foreclosure proceedings. If a bankruptcy case is commenced by or against a park owner by the filing of a voluntary or involuntary petition under Title 11 of the United States Code, if a receiver is appointed by a court of compe…

(765 ILCS 745/6.7) Sec. 6.7. Violations; inspection reports; postings; penalty. (a) Any nonconformance with a statute, rule, or ordinance applicable to the mobile home park or manufactured home community constitutes a violation. The authority having jurisdiction shall identify vi…

(765 ILCS 745/7) (from Ch. 80, par. 207) Sec. 7. Effect of Unsigned Lease. If the tenant shall fail to sign a written lease which has been signed and tendered to him by the owner and shall further provide the owner with a rejection in writing of such offer, the tenant's continuat…

(765 ILCS 745/8) (from Ch. 80, par. 208) Sec. 8. Renewal of Lease. (a) Every lease of a mobile home or lot in a mobile home park shall contain an option which automatically renews the lease; unless: (1) the tenant shall notify the owners 30 days prior to the expiration of the lea…