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Code of Civil Procedure-Eviction

Code of Civil Procedure-Eviction

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Published by ChicagoMTO

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Published by: ChicagoMTO on Oct 04, 2010
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02/02/2013

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(735 ILCS 5/) Code of Civil Procedure. 
(735 ILCS 5/Art. IX heading)
 
ARTICLE IXFORCIBLE ENTRY AND DETAINER
 
(735 ILCS 5/Art. IX Pt. 1 heading)
 
Part 1. In General(735 ILCS 5/9-101)
 
(from Ch. 110, par. 9-101)Sec. 9-101. Forcible entry prohibited. No personshall make an entry into lands or tenements exceptin cases where entry is allowed by law, and in suchcases he or she shall not enter with force, but in apeaceable manner.(Source: P.A. 82-280.)(735 ILCS 5/9-102)
 
(from Ch. 110, par. 9-102)Sec. 9-102. When action may be maintained.(a) The person entitled to the possession oflands or tenements may be restored thereto under anyof the following circumstances:(1) When a forcible entry is made thereon.(2) When a peaceable entry is made and thepossession unlawfully withheld.(3) When entry is made into vacant orunoccupiedlands or tenements without right or title.(4) When any lessee of the lands ortenements, orany person holding under such lessee, holdspossession without right after the terminationof the lease or tenancy by its own limitation,condition or terms, or by notice to quit orotherwise.(5) When a vendee having obtained possessionunder awritten or verbal agreement to purchase lands ortenements, and having failed to comply with theagreement, withholds possession thereof, afterdemand in writing by the person entitled to suchpossession; provided, however, that any such
 
agreement for residential real estate as definedin the Illinois Mortgage Foreclosure Law enteredinto on or after July 1, 1987 where the purchaseprice is to be paid in installments over aperiod in excess of 5 years and the amountunpaid under the terms of the contract at thetime of the filing of a foreclosure complaintunder Article XV, including principal and dueand unpaid interest, is less than 80% of theoriginal purchase price shall be foreclosedunder the Illinois Mortgage Foreclosure Law.This amendatory Act of 1993 is declarativeofexisting law.(6) When lands or tenements have beenconveyed byany grantor in possession, or sold under theorder or judgment of any court in this State, orby virtue of any sale in any mortgage or deed oftrust contained and the grantor in possession orparty to such order or judgment or to suchmortgage or deed of trust, after the expirationof the time of redemption, when redemption isallowed by law, refuses or neglects to surrenderpossession thereof, after demand in writing bythe person entitled thereto, or his or heragent.(7) When any property is subject to theprovisionsof the Condominium Property Act, the owner of aunit fails or refuses to pay when due his or herproportionate share of the common expenses ofsuch property, or of any other expenses lawfullyagreed upon or any unpaid fine, the Board ofManagers or its agents have served the demandset forth in Section 9-104.1 of this Article inthe manner provided for in that Section and theunit owner has failed to pay the amount claimedwithin the time prescribed in the demand; or ifthe lessor-owner of a unit fails to comply withthe leasing requirements prescribed bysubsection (n) of Section 18 of the CondominiumProperty Act or by the declaration, by-laws, andrules and regulations of the condominium, or ifa lessee of an owner is in breach of anycovenants, rules, regulations, or by-laws of thecondominium, and the Board of Managers or its
 
agents have served the demand set forth inSection 9-104.2 of this Article in the mannerprovided in that Section.(8) When any property is subject to theprovisionsof a declaration establishing a common interestcommunity and requiring the unit owner to payregular or special assessments for themaintenance or repair of common areas owned incommon by all of the owners of the commoninterest community or by the communityassociation and maintained for the use of theunit owners or of any other expenses of theassociation lawfully agreed upon, and the unitowner fails or refuses to pay when due his orher proportionate share of such assessments orexpenses and the board or its agents have servedthe demand set forth in Section 9-104.1 of thisArticle in the manner provided for in thatSection and the unit owner has failed to pay theamount claimed within the time prescribed in thedemand.(b) The provisions of paragraph (8) ofsubsection (a) of Section 9-102 and Section 9-104.3of this Act shall not apply to any common interestcommunity unless (1) the association is anot-for-profit corporation, (2) unit owners areauthorized to attend meetings of the board ofdirectors or board of managers of the association inthe same manner as provided for condominiums underthe Condominium Property Act, and (3) the board ofmanagers or board of directors of the commoninterest community association has, subsequent tothe effective date of this amendatory Act of 1984voted to have the provisions of this Article applyto such association and has delivered or mailednotice of such action to the unit owners or unlessthe declaration of the association is recorded afterthe effective date of this amendatory Act of 1985.(c) For purposes of this Article:(1) "Common interest community" means realestateother than a condominium or cooperative withrespect to which any person by virtue of his orher ownership of a partial interest or unittherein is obligated to pay for maintenance,improvement, insurance premiums, or real estate

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