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.

Previously Filed As

IL SB1400

REAL ESTATE-ILLEGAL POSSESSION

IL HB0003

REAL ESTATE ILLEGAL POSSESSION

IL A1399

Establishes crime of possessing digital instructions to illegally manufacture firearms and firearm components.

IL HB979

Related To Summary Possession.

IL HB0065

UNLAWFUL POSSESSION PROPERTY

IL SB1201

UNLAWFUL WEAPON POSSESSION

IL SB3841

STOP SQUATTERS ACT

IL HB979

Related To Summary Possession.

IL SB207

Property Possession And Property Crimes

IL HB1037

Human smuggling and/or harboring; create crime for those who have illegally entered or illegally remained in the U.S.

Similar Bills

CA SB580

Attorney General: immigration enforcement policies.

MS HB1273

Rental Purchase Agreements; establish certain rights and duties specific to agreements for a conveyance of real property.

MS HB1127

Rental-purchase agreements; establish certain rights and duties specific to agreements for a conveyance of real property.

NJ S1825

"New Jersey Rent-to-Own Rights Protection Act"; protects tenant-buyers in residential rent-to-own agreements.

IL SB1400

REAL ESTATE-ILLEGAL POSSESSION

AZ HB2517

Written request; property locators

DE SB74

An Act To Amend Chapter 76, Title 6 Of The Delaware Code Relating To The Delaware Lease-purchase Agreement Act.

LA SB392

Provides for administration of unclaimed property claims based on purchase agreements. (1/1/27) (OR NO IMPACT See Note)