Illinois Chapter 765 Property
765 ILCS 745/ Mobile Home Landlord and Tenant Rights Act.Code Resources
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(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 State. Any lease, written or oral, shall be unenforceable insofar
as any provision thereof conflicts with any provision of this Act.
(Source: P.A. 81‑637.)
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(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 representative to the jurisdiction of the courts of this
State as to any action proceeding for the enforcement of an obligation arising
under this Act.
(Source: P.A. 81‑637.)
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(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 but not limited to, an
individual, firm, partnership, association, trust, joint stock company,
corporation or successor of any of the foregoing.
(b) "Mobile Home" means a structure designed for permanent habitation
and so constructed as to permit its transport on wheels, temporarily or
permanently attached to its frame, from the place of its construction to
the location or subsequent locations at which it is intended to be a permanent
habitation and designed to permit the occupancy thereof as a dwelling place
of one or more persons, provided that any such structure served by individual
utilities and resting on a permanent foundation, with wheels, tongue and
hitch permanently removed, shall not be construed as a "mobile home".
(c) "Mobile Home Park" or "Park" means an area of land or lands upon which
five or more independent mobile homes are harbored for rent.
(d) "Park Owner" means the owner of a mobile home park and any person
authorized to exercise any aspect of the management of the premises, including
any person who directly or indirectly receives rents and has no obligation
to deliver the whole of such receipts to another person.
(e) "Tenant" means any person who occupies a mobile home rental unit for
dwelling purposes or a lot on which he parks a mobile home for an agreed
upon consideration.
(f) "Rent" means any money or other consideration given for the right
of use, possession and occupancy of property, be it a lot or mobile home.
(g) "Master antenna television service" means any and all services
provided by or through the facilities of any closed circuit coaxial cable
communication system, or any microwave or similar transmission services
other than a community antenna television system as defined in Section
11‑42‑11 of the Illinois Municipal Code.
(Source: P.A. 85‑990.)
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(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 municipality in which the mobile home is located.
No person shall rent or offer for rent any lot in a mobile home park which
does not conform to subdivision ordinances of the county or municipality
in which the mobile home park is located.
(Source: P.A. 81‑637.)
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(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 services rather than use an outside conventional
television antenna. This Section shall not prohibit an owner from
supplying free master antenna television services provided that the price
of such services, is not made a part of the rent of the tenant.
This Section also shall not prohibit a park owner from requiring a tenant
to remove an outside conventional television antenna if such owner makes
available master antenna television services at no charge above the rental
stated in such tenant's lease.
(Source: P.A. 86‑627.)
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(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 of this Act.
(Source: P.A. 81‑637.)
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(765 ILCS 745/6) (from Ch. 80, par. 206)
Sec. 6.
Obligation of Park Owner to Offer Written Lease.
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 purchaser a
copy of the lease applicable to the respective mobile home park.
(a) The park owner shall be required to offer to each present and
future tenant a written lease for a term of not less than 12 months,
unless the parties agree to a different term subject to existing leases
which shall be continued pursuant to their terms.
(b) Tenants in possession on the effective date of this Act shall
have 30 days after receipt of the offer for a written lease within which
to accept or reject such offer; during which period, the rent may not be
increased or any other terms and conditions changed, except as permitted
under this Act; providing that if the tenant has not so elected he shall
vacate within the 30 day period.
(c) The park owner shall notify his tenants in writing not later
than 30 days after the effective date of this Act, that a written lease
shall be available to the tenant and that such lease is being offered in
compliance with and will conform to the requirements of this Act.
(Source: P.A. 81‑1509.)
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(2) the park owner's responsibilities with respect to | ||
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(3) information regarding any fees imposed in | ||
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(4) information regarding late payments; (5) information regarding any privilege tax that is | ||
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(6) information regarding security deposits, | ||
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The park owner must update the written disclosure at | ||
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(Source: P.A. 93‑1043, eff. 6‑1‑05.) |
(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 continuation of possession and payment of rent without reservation
shall constitute an acceptance of the lease with the same effect as if it
had been signed by the tenant.
(Source: P.A. 81‑637.)
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(765 ILCS 745/8) (from Ch. 80, par. 208)
Sec. 8.
Renewal of Lease.
Every lease of a mobile home or lot in a mobile
home park shall contain an option which automatically renews the
lease; unless: (a) the tenant shall notify the owners 30 days prior to the
expiration of the lease that he does not intend to renew the lease; or (b)
the park owner shall notify the tenant
30 days prior to the expiration of the lease that the lease will not be
renewed and specify in writing the reasons, such as violations of park rules,
health and safety codes or irregular or non‑payment of rent; or (c) the
park owner elects to cease the operation of either all or a portion of the
mobile home park. The tenants shall be entitled to at least 12 months
notice of such ceasing of operations. If 12 months or more remain on the
existing lease at the time of notice, the tenant is entitled to the balance
of the term of his lease. If there is less than 12 months remaining in the
term of his lease, the tenant is entitled to the balance of his lease plus
a written month to month tenancy, at the expiring lease rate to provide him
with a full 12 months notice.
All notices required under this Section shall be by certified mail or
personal service. Certified mail shall be deemed to be effective upon the
date of mailing.
(Source: P.A. 87‑1078.)
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(765 ILCS 745/9) (from Ch. 80, par. 209)
Sec. 9.
The Terms of Fees and Rents.
The terms for payment of rent shall
be clearly set forth and all charges for services, ground or lot rent, unit
rent, or any other charges shall be specifically itemized in the lease and
in all billings of the tenant by the park owner.
The owner shall not change the rental terms nor increase the cost of fees,
except as provided herein.
The park owner shall not charge a transfer or selling fee as a condition
of sale of a mobile home that is going to remain within the park unless
a service is rendered.
Rents charged to a tenant by a park owner may be increased upon the
renewal of a lease. Notification of an increase shall be delivered 60 days
prior to expiration of the lease.
(Source: P.A. 86‑851.)
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(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.)
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(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 binding the owner at all times during the term of the
lease to:
(a) identify to each tenant prior to his occupancy | ||
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(b) keep all exterior property areas not in the | ||
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(c) maintain all electrical, plumbing, gas or other | ||
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(d) maintain all subsurface water and sewage lines | ||
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(e) respect the privacy of the tenants and if only | ||
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(f) maintain all roads within the mobile home park | ||
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(g) include a statement of all services and | ||
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(h) disclose the full names and addresses of all | ||
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(i) provide a custodian's office and furnish each | ||
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(Source: P.A. 90‑655, eff. 7‑30‑98.)
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(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 in this State
shall contain any provision:
(a) Permitting the park owner to charge a penalty fee for late payment
of rent without allowing a tenant a minimum of 5 days beyond the date the
rent is due in which to remit such payment;
(b) Permitting the park owner to charge an amount in excess of one month's
rent as a security deposit;
(c) Requiring the tenant to pay any fees not specified in the lease;
(d) Permitting the park owner to transfer, or move, a mobile home to a
different lot, including a different lot in the same mobile home park,
during the term of the lease.
(Source: P.A. 85‑607.)
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(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 tenant purchases any mobile home during the lease
term that such mobile home must be purchased from the park owner, and no
such requirement shall be made as a condition precedent to entering
into a lease agreement with any such tenant.
(Source: P.A. 85‑1214.)
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(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 rubbish;
(b) Refrain from the storage of any inoperable motor vehicle;
(c) Refrain from washing all vehicles except at an area designated by park management;
(d) Refrain from performing any major repairs of motor vehicles at any time;
(e) Refrain from the storage of any icebox, stove, building material,
furniture or similar items on the exterior premises;
(f) Keep the supplied basic facilities, including plumbing fixtures, cooking
and refrigeration equipment and electrical fixtures in a leased mobile home
unit in a clean and sanitary condition and be responsible for the exercise
of reasonable care in their proper use and operation;
(g) Not deliberately or negligently destroy, deface, damage, impair or
remove any part of the premises or knowingly permit any person to do so;
(h) Conduct himself and require other persons on the premises with his
consent to conduct themselves in a manner that will not effect or disturb his
neighbors peaceful enjoyment of the premises;
(i) Abide by all the rules or regulations concerning the use, occupation
and maintenance of the premises; and
(j) Abide by any reasonable rules for guest parking which are clearly stated.
(Source: P.A. 81‑637.)
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(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 to his signing the lease;
(b) The purpose of such rules and regulations is to promote the convenience,
safety and welfare of the tenants, preserve park property from damage or
to fairly distribute park services and facilities to the tenants;
(c) They are reasonably related to the purpose for which adopted;
(d) They apply to all tenants in a fair manner;
(e) They are sufficiently explicit in prohibition, direction or limitation
of the tenant's conduct to fairly inform him of what he must or must not
do to comply; and
(f) They are not for the purpose of evading the obligation of the park owner.
A rule or regulation adopted during the term of a lease is enforceable
against the tenant only if 30 days written notice of its adoption is given
the tenant and such rule or regulation is not in violation of the terms
and conditions of the lease.
(Source: P.A. 81‑637.)
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(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 days of the effective date of this amendatory Act of
1992.
Each park owner shall make these pamphlets available to all current
tenants within 60 days after receiving the pamphlets. This requirement
may be satisfied by distributing or mailing the pamphlets to each tenant.
All new tenants shall be offered a pamphlet at or before the time at which
they are offered a written lease.
A violation of the provisions of this Section shall not render any lease
void or voidable nor shall it constitute:
(1) A defense to any action or proceeding to enforce | ||
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(2) A defense to any action or proceeding for breach | ||
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(Source: P.A. 87‑1078.)
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(765 ILCS 745/15) (from Ch. 80, par. 215)
Sec. 15.
Statutory grounds for eviction.
A park owner may terminate the
lease and evict a tenant for any one or more of the following acts:
(a) Non‑payment of rent due;
(b) Failure to comply with the park rules;
(c) Failure to comply with local ordinances and State laws regulating mobile homes.
(Source: P.A. 81‑637.)
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(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 a judgment for possession of the premises be entered against a tenant:
(a) As a reprisal for the tenant's effort to secure or enforce any rights
under the lease or the laws of the State of Illinois, or its governmental
subdivisions of the United States;
(b) As a reprisal for the tenant's good faith complaint to a governmental
authority of the park owner's alleged violation of any health or safety
law, regulation, code or ordinance, or State law or regulation which has
as its objective the regulation of premises used for dwelling purposes;
(c) As a reprisal for the tenant's being an organizer or member of, or
involved in any activities relative to a home owners association.
(Source: P.A. 81‑637.)
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(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 govern the terms of your lease of occupancy arrangement
with this mobile home park. The law requires all of these rules and regulations
to be fair and reasonable, and if not, such rules and regulations cannot
be enforced against you.
You may continue to reside in the park as long as you pay your rent and
abide by the rules and regulations of the park. You may only be evicted
for non‑payment of rent, violation of laws, or for violation of the rules
and regulations of the park and the terms of the lease.
If this park requires you to deal exclusively with a certain fuel dealer
or other merchant for goods or service in connection with the use or occupancy
of your mobile home or on your mobile home lot, the price you pay for such
goods or services may not be more than the prevailing price in this locality
for similar goods and services.
You may not be evicted for reporting any violations of law or health and
building codes to boards of health, building commissioners, the department
of the Attorney General or any other appropriate government agency."
(Source: P.A. 81‑637.)
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(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
shall be returned in full to the tenant, provided that the tenant has paid
all rent due in full for the term of the lease and has caused no actual
damage to the premises.
The park owner shall furnish the tenant, within 15 days after termination
or expiration of the lease, an itemized list of the damages incurred upon
the premises and the estimated cost for the repair of each item.
The tenant's failure to object to the itemized list within 15 days shall
constitute an agreement upon the amount of damages specified therein. The
park owner's failure to furnish such itemized list of damages shall constitute
an agreement that no damages have been incurred
upon the premises and the entire security deposit shall become immediately
due and owing to the tenant.
The tenant's failure to furnish the park owner a forwarding address shall
excuse the park owner from furnishing the list required by this Section.
(b) A park owner of any park regularly containing 25 or more mobile
homes shall pay interest to
the tenant, on any deposit held by the park owner, computed from the date
of the deposit
at a rate equal to the interest paid by the largest commercial bank,
as measured by total assets, having its main banking premises in this State
on minimum deposit passbook savings accounts as of December 31 of the preceding
year on any such deposit held by the
park owner for more than 6 months.
However, in the event that any portion of the amount deposited is
utilized during the period for which it is deposited in order to compensate
the owner for non‑payment of rent or to make a good faith reimbursement to
the owner for damage caused by the tenant, the principal on which the
interest accrues may be recomputed to reflect the reduction for the period
commencing on the first day of the calendar month following the reduction.
The park owner shall, within 30 days after the end of
each 12‑month period, pay to the tenant any interest owed under this
Section in cash, provided, however, that the amount owed may be applied to
rent due if the owner and tenant agree thereto.
A park owner who willfully fails or refuses to pay the interest required
by this Act shall, upon a finding by a circuit court that he willfully
failed or refused to pay, be liable for an amount equal to the amount of
the security deposit, together with court costs and a reasonable attorney's
fee.
(Source: P.A. 88‑643, eff. 1‑1‑95.)
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(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 protect the health or safety of the park residents. The park
owner may determine by rule or regulation the style or quality of exterior
equipment to be purchased by the tenant from a vendor of the tenant's choosing.
Provided that no park owner shall be required to permit service vehicles
in the park in such numbers and with such frequency that a danger is created
for pedestrian traffic in the park.
(b) No park owner shall require as a condition of tenancy or continued
tenancy for a tenant to purchase fuel oil or bottled gas from any particular
fuel oil or bottled gas dealer or distributor.
Provided that this Section shall not apply to a park owner who provides
a centralized distribution system for fuel oil or bottled gas, or both,
for residents therein. No park owner providing a centralized distribution
system shall charge residents more than a reasonable retail price.
(Source: P.A. 81‑637.)
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(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 that compliance with the request or demand will facilitate,
influence or procure an advantage in entering into an agreement, either
oral or written, for the lease or rental of real property, or contract of
sale of a mobile home, or any park owner or his representative, who refuses
to enter into such lease or contract of sale unless he receives, directly
or indirectly, a donation, gratuity, bonus or gift, or any park owner or
his representative who directly or indirectly aids, abets, requests or authorizes
any other person to violate any provision of this Section, commits a violation
of this Act.
(b) Any person who pays such donation, gratuity, bonus or gift may recover
twice its value, together with costs of the action, against any such person
in violation of this Section.
(Source: P.A. 81‑637.)
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(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 maintenance of the premises, the
tenant may, on written notice to the park owner, terminate the lease and
vacate the premises at any time during the first 30 days of occupancy.
After the expiration of said 30 days the tenant may terminate the lease
only if he has remained in possession in reliance upon the park owner's
written promise to correct all or any part of the condition which would justify
termination by the tenant under this Section.
Any condition which deprives the tenant of substantial benefit and
enjoyment which the park owner shall fail to remedy within 30 days after
having received notice in writing of such condition shall constitute
grounds for the tenant to terminate the lease and vacate the premises.
No such notice shall be required where the condition renders the mobile
home uninhabitable or poses an imminent threat to the health, welfare
and safety of any occupant.
If such condition was proximately caused by the willful or negligent
act or omission of the park owner, the tenant may recover any damages
sustained as a result of the condition including, but not limited to,
reasonable expenditures necessary to obtain adequate substitute housing
while the mobile home is uninhabitable.
The tenant may sue to enforce all Sections of this Act and the court
may award damages or grant any injunctive or other relief.
(Source: P.A. 81‑1509.)
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(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 terminated. If the tenant remains in default, the park
owner may institute legal action for recovery of possession, rent due and any damages.
If the tenant breaches any provision of the lease or rules and regulations
of the mobile home park, the park owner shall notify the tenant in writing
of his breach. Such notice shall specify the violation and advise the tenant
that if the violation shall continue for more than 24 hours after receipt
of such notice the park owner may terminate the lease.
(Source: P.A. 81‑637.)
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(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 owner's consent, the tenant shall pay to the park owner
a sum, not to exceed twice the monthly rental under the previous lease,
computed and pro‑rated daily for each day he shall remain in possession.
(Source: P.A. 81‑637.)
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(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 his mobile home to a purchaser of his choice, provided that
the park owner shall be allowed to promulgate any general qualifications
or lawful restrictions on park residents which limit or define the
admission of entrants to the park. The purchaser, prior to closing,
must obtain a written and signed lease;
(b) Employ or secure the services of an independent salesperson in
connection with the sale of said mobile home, providing that said
salesperson collects and remits all governmental taxes.
The park owner is prohibited from imposing any fee, charge
or commission for the sale of a mobile home, except when a mobile home owner
requests the park owner or his agent to
assist in securing a purchaser for his mobile home. A commission may be
accepted for such service subject only to the following conditions:
(1) That the exact amount of commission or fee shall be a percentage
of the actual sales price of the mobile home; and
(2) That the maximum percentage figure for the services in the
resale of the mobile home by park owner or his agent shall be set forth
in writing prior to the sale.
The park owner is prohibited from requiring, upon the sale by a tenant
of a mobile home to a qualified purchaser, the removal from the park of
such mobile home unless the mobile home is less than 12 feet wide or is
significantly deteriorated and in substantial disrepair, in which case the
park owner shall bear the burden of demonstrating such fact and must, prior
to sale, have given the tenant written notice thereof, and that unless
first corrected, removal will be required upon sale.
(Source: P.A. 85‑998.)
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(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 use.
(Source: P.A. 81‑637.)
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(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.)
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