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Rental Property Utility Service Act.

Rental Property Utility Service Act.

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Published by ChicagoMTO

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Published by: ChicagoMTO on Oct 04, 2010
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(765 ILCS 735/) Rental Property Utility Service Act.
(765 ILCS 735/0.01)
 
(from Ch. 80, par. 61)Sec. 0.01. Short title. This Act may be cited asthe Rental Property Utility Service Act.(Source: P.A. 86-1324.)(765 ILCS 735/1)
 
(from Ch. 80, par. 62)Sec. 1. Utility payments; termination andrestoration of service. Whenever, pursuant to anyagreement, either written or verbal, a landlord orhis or her agent is required to pay for any water,gas or electrical service, the landlord shall payfor the services to ensure that the services areavailable to the tenant throughout the term of thelease and shall pay for the services in a timelymanner so as not to cause an interruption of theservices. If the landlord or his or her agent doesnot pay for such service, the tenant, or tenants inthe event more than one tenant is served by a commonsystem of water, gas or electrical service,including electrical service to common areas, whichgoes through a common meter in a single building,may either (i) terminate the lease; however, thetermination of the lease under this Section does notabsolve the landlord or tenant from any obligationsthat have arisen under the lease prior to itstermination under this Section; or (ii) pay for suchservice if the nonpayment jeopardizes thecontinuation of the service to the tenant ortenants, as the case may be. The utility companyshall not terminate service for such nonpaymentuntil the utility company mails, delivers or posts anotice as specified in Section 3 to all tenants ofbuildings with 3 or more residential apartments.Upon receipt of such payment of the past due cost ofsuch water, gas or electrical service owed by thelandlord, the provider of such service shallimmediately restore service to such tenant ortenants. In the alternative, the provider of suchservice shall immediately restore and continue suchservice to any tenant who (a) requests that theutility put the bill in his or her name; (b)establishes satisfactory credit references or
 
provides for and pays a security deposit pursuant tothe rules and regulations of the Illinois CommerceCommission applicable to applicants for new utilityservice; and (c) agrees to pay future bills. Anysums the tenant or tenants, as the case may be, payfor water, gas or electrical service that thelandlord or his or her agent was required to pay maybe deducted from the rent due by the tenant ortenants, and the total rent is diminished by theamount the tenant or tenants, as the case may be,have paid for the continuation of the water, gas orelectrical service.(Source: P.A. 93-994, eff. 1-1-05.)(765 ILCS 735/1.1)
 
(from Ch. 80, par. 62.1)Sec. 1.1. Definitions. As used in this Act:"Agreement" includes leases, oral agreements,and any other understandings or contracts reachedbetween a landlord and a tenant."Individually metered utilities" means that theutility service to one or more rental dwelling unitsin a building is registered by an individual meterfor each dwelling unit."Master metered utilities" means that theutility service to a building with one or morerental dwelling units is registered by a singlemeter for the building."Landlord" includes the owner of a building, theowner's agent, and the lessor of a building."Tenant" includes occupants of a building ormobile home, whether under a lease or periodictenancy."Utility company" includes all suppliers ofutility service, including municipalities."Utility service" includes electric, gas, water,or sanitary utility service rendered by a utilitycompany to a tenant at a specific location.(Source: P.A. 87-178.)(765 ILCS 735/1.2)
 
(from Ch. 80, par. 62.2)Sec. 1.2. Certain tenant-paid utility payment
 
arrangements prohibited; Notice of change in paymentarrangement.(a) No landlord shall rent or cause to be rentedany unit in which the tenant is responsible byagreement, implication, or otherwise for directpayment for utility service to the utility companyand in which the utility company billing for thatservice includes any service to common areas of thebuilding or other units or areas used or occupied bypersons other than the individual tenant and thoseoccupying the unit with the tenant on the utilityaccount, unless, before offering an initial lease ora renewal lease, accepting a security deposit, orotherwise entering into an agreement with theprospective tenant to let the premises:(1) The landlord provides the prospectivetenantwith a written statement setting forth thespecific areas of the building and anyappurtenances that are served by the meter thatwill be in the tenant's name and the nature ofthe utility uses of those areas, including anythat have not been reflected in past utilitycompany billings but that may arise (such as therental of a neighboring unit that has beenvacant, the installation of washers and driersin the basement, or the use of the garage formechanics);(2) The landlord provides the prospectivetenantwith copies of the utility bills for the unitfor the previous 12 months, unless waived by thetenant in writing;(3) The landlord neither suggests norrequires thetenant to collect any money for utility billsfrom neighboring tenants whose utility usagewill be reflected in the prospective tenant'sutility company billings; and(4) The landlord sets forth in writing theamount ofthe proposed rent reduction, if any, that isoffered to compensate for the tenant's paymentsfor utility usage outside of the tenant's unit.(b) No landlord shall request or cause to beeffected a change (i) from landlord-paid mastermetered utilities to tenant-paid individually

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