Statutes > Illinois Statutes > CHAPTER 765 PROPERTY > 765 ILCS 745/ Mobile Home Landlord and Tenant Rights Act.

765 ILCS 745/ Mobile Home Landlord and Tenant Rights Act.

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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 purchaser a copy of the lease applicable to the respective mobile home park, unless the prospective tenant waives this right in writing.
    (a) The park owner shall be required, on a date before the date on which the lease is signed, to offer to each present and future tenant a written lease for a term of not less than 24 months, unless the prospective tenant waives that right and 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.
    (d) The park owner shall give 90 days' notice of any rent increase and no rent increase shall go into effect until 90 days after the notice. Upon receipt of the notice of the rent increase, a tenant shall have 30 days in which to accept or reject the rent increase. If the tenant rejects the rent increase, the tenant must notify the park owner of the date on which the tenant will vacate the premises, which shall be a date before the effective date of the rent increase.
    (e) The park owner may provide for a specified rent increase between the first and second years of the lease.
    (f) The park owner may offer a month‑to‑month tenancy agreement option to a tenant not wishing to make a long‑term commitment if the tenant signs a written statement acknowledging that the park owner offered the tenant a longer term lease but the tenant chose instead to agree to only a month‑to‑month tenancy agreement. If the tenant declines to sign either a lease or a statement acknowledging that a lease was offered, the park owner shall sign and deliver to the tenant a statement to that effect. Any month‑to‑month tenancy agreement must provide a minimum of 90 days' notice to the tenant before any rent increase is effective.
    (g) A prospective tenant who executes a lease pursuant to this Section may cancel the lease by notifying the park owner in writing within 3 business days after the prospective tenant's execution of the lease, unless the prospective tenant waives in writing this right to cancel the lease or waives this right by taking possession of the mobile home or the lot. The park owner shall return any security deposit or rent paid by the prospective tenant within 10 days after receiving the written cancellation.
    (h) The maximum amount that a park owner may recover as damages for a tenant's early termination of a lease is the amount due under the lease, less any offset or mitigation through a re‑lease.
    (i) A tenant in possession of a mobile home or lot who is not subject to a current lease on the effective date of this amendatory Act of the 95th General Assembly shall be offered a lease by the park owner within 90 days after the effective date of this amendatory Act of the 95th General Assembly. Tenants in possession on the effective date of this amendatory Act of the 95th General Assembly shall have 30 days after receipt of the offer for a written lease within which to accept or reject the offer, during which period the rent may not be increased or any other terms and conditions changed, except as permitted under this Act; provided that if the tenant has not so elected he or she shall vacate within the 30‑day period.
(Source: P.A. 95‑383, eff. 1‑1‑08.)

    (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 representative, to live in the home for a period of up to 90 days as temporary occupants if the following conditions are met:
        (1) The tenant must provide documentation of the
     disability or illness by a licensed physician dated within the past 60 days;
        (2) The temporary occupant must meet all
     qualifications other than financial, including age in a community that provides housing for older persons, and the terms of the lease and park rules must continue to be met; as used in this item (2), "housing for older persons" has the meaning ascribed to that term in Section 3‑106 of the Illinois Human Rights Act; and
        (3) At least 5 days before occupancy, the temporary
     occupant must submit an application for residency to the park owner by which the temporary occupant provides all information required to confirm that the temporary occupant meets community requirements.
    After the 90‑day temporary occupancy period, the
     temporary occupant shall be required to provide documentation of ongoing financial ability to pay the costs relative to occupancy.
(Source: P.A. 95‑383, eff. 1‑1‑08.)

    (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 the following requirements within 30 days of the date on which the tenant or co‑tenants receive either a new lease or a notice of rent increase:
        (1) The tenant or co‑tenants attest, by sworn
     affidavit, that they shall diligently proceed to list their mobile home with a licensed sales entity and market it for sale;
        (2) The tenant or co‑tenants attest, by sworn
     affidavit, that the proposed new lease amount will exceed 45% of the tenant's or co‑tenants' current taxable and non‑taxable income, from whatever source derived; and
        (3) The tenant or co‑tenants provide verification in
     the form of a tax return and other such documents as may be required to independently verify the annual income and assets of the tenant or co‑tenants.
    If the tenant or co‑tenants meet the above requirements, the tenant or co‑tenants may continue to reside in the mobile home for a period of up to 12 months or the date on which the tenant or co‑tenants sell the mobile home to a new tenant approved by the park owner, whichever date is earlier. The tenant or co‑tenants must remain current on all rent payments at the rental amount due before the notice of the rent increase. The tenant or co‑tenants shall be required to pay, upon sale of the home, the deferred rent portion which represents the difference between the actual monthly rental amount paid starting from the effective date of the rent increase and the monthly amount due per the rent increase notice without any additional interest or penalty charges.
(Source: P.A. 95‑383, eff. 1‑1‑08.)

    (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:
        (1) the rent charged for the mobile home or lot in
     the past 5 years;
        (2) the park owner's responsibilities with respect to
     the mobile home or lot;
        (3) information regarding any fees imposed in
     addition to the base rent;
        (4) information regarding late payments;
        (5) information regarding any privilege tax that is
     applicable;
        (6) information regarding security deposits,
     including the right to the return of security deposits and interest as provided in Section 18 of this Act; and
        (7) information on a 3‑year rent increase projection
     which includes the 2 years of the lease and the year immediately following. The basis for such rent increases may be a fixed amount, a "not to exceed" amount, a formula, an applicable index, or a combination of these methodologies as elected by the park owner. These increases may be in addition to all the non‑controllable expenses including, but not limited to, property taxes, government assessments, utilities, and insurance.
    The park owner must update the written disclosure at
     least once per year. The park owner must advise tenants who are renewing a lease of any changes in the disclosure from any prior disclosure.
(Source: P.A. 95‑383, eff. 1‑1‑08.)

    (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.)

    (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 lease that he does not intend to renew the lease;
        (2) 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;
        (3) the park owner elects to cease the operation of
     either all or a portion of the mobile home park; or
        (4) the park owner seeks to change the terms of the
     agreement pursuant to subsection (b) in which case the procedures set forth in subsection (b) shall apply, unless the only change is in the amount of rent, in which case it is sufficient if the park owner provides a letter notice to the tenant stating the changed rent amount; any notice of a change in the amount of rent shall advise the tenant that the tenant will be given a copy of the lease, upon request, at no charge and that no other changes in the lease are allowed.
    (b) If there is no change in the lease, the park owner must provide the tenant with a letter notice stating there will be no change in the lease terms unless a new lease is signed. If there is a change in the rent, the park owner must offer to provide the tenant a copy of the lease without charge upon request.
    (c) All notices required under this Section shall be by first class mail or personal service.
(Source: P.A. 95‑383, eff. 1‑1‑08.)

    (765 ILCS 745/8.5)
    Sec. 8.5. Park Closure. If a 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 or her lease up to the date of the closing. If less than 12 months remain in the term of his or her lease, the tenant is entitled to the balance of his or her lease plus a written month‑to‑month tenancy and rent must remain at the expiring lease rate to provide him or her with a full 12 months' notice.
(Source: P.A. 95‑383, eff. 1‑1‑08.)

    (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 90 days prior to expiration of the lease.
    The park owner shall not charge or impose upon a tenant any fee or increase in rent which reflects the cost to the park owner of any fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law against the park owner, including any attorney's fees and costs incurred by the park owner in connection therewith unless the fine, forfeiture, penalty, money damages, or fee was incurred as a result of the tenant's actions.
(Source: P.A. 95‑383, eff. 1‑1‑08.)

    (765 ILCS 745/9.5)
    Sec. 9.5. Abandoned or Repossessed Properties. In the event of the sale of abandoned or repossessed property, the park owner shall, after payment of all outstanding rent, fees, costs, and expenses to the community, pay any remaining balance to the title holder of the abandoned or repossessed property. If the tenant cannot be found through a diligent inquiry after 90 days, then the funds shall be forfeited. As used in this Section, "diligent inquiry" means sending a notice by certified mail to the last known address.
(Source: P.A. 95‑383, eff. 1‑1‑08.)

    (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 binding the owner at all times during the term of the lease to:
        (a) identify to each tenant prior to his occupancy
     the lot area for which he will be responsible;
        (b) keep all exterior property areas not in the
     possession of a tenant, but part of the mobile home park property, free from the species of weeds and plant growth which are generally noxious or detrimental to the health of the tenants;
        (c) maintain all electrical, plumbing, gas or other
     utilities provided by him in good working condition with the exception of emergencies after which repairs must be completed within a reasonable period of time;
        (d) maintain all subsurface water and sewage lines
     and connections in good working order;
        (e) respect the privacy of the tenants and if only
     the lot is rented, agree not to enter the mobile home without the permission of the mobile home owner, and if the mobile home is the property of the park owner, to enter only after due notice to the tenant, provided, the park owner or his representative may enter without notice in emergencies;
        (f) maintain all roads within the mobile home park
     in good condition;
        (g) include a statement of all services and
     facilities which are to be provided by the park owner for the tenant, e.g. lawn maintenance, snow removal, garbage or solid waste disposal, recreation building, community hall, swimming pool, golf course, laundromat, etc.;
        (h) disclose the full names and addresses of all
     individuals in whom all or part of the legal or equitable title to the mobile home park is vested, or the name and address of the owners' designated agent;
        (i) provide a custodian's office and furnish each
     tenant with the name, address and telephone number of the custodian and designated office.
(Source: P.A. 90‑655, eff. 7‑30‑98.)

    (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.)

    (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.)

    (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.)

    (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.)

    (765 ILCS 745/14‑1)