(a) Presumption of Use or Possession. If a controlled substance is found or used anywhere in the premises of an apartment, there is a rebuttable presumption that the controlled substance was either used or possessed by a lessee or occupant, or that a lessee or occupant permitted the premises to be used for that use or possession.
(b) Voiding of Lease; Five-Day Notice to Vacate. If any lessee or occupant uses a leased premises for the purpose of unlawfully possessing, serving, storing, manufacturing, cultivating, delivering, using, selling or giving away controlled substances, or permits such premises to be used for any such purposes, the lease or contract for letting such premises shall, at the option of the lessor, become void. The lessor may notify the lessee or occupant that the lease or contract for letting such premises is void by written notice to vacate and by posting a written notice at the premises requiring the lessee or occupant to vacate the leased premises on or before a date five days after the giving of the notice. The notice shall state the basis for its issuance on forms provided by the Circuit Court Clerk of Stephenson County. The lessor may have a like remedy to recover possession against a tenant holding over after the expiration of his or her lease term.
(c) Right of Forcible Entry and Detainer.
(1) If an owner or lessor voids a lease or contract for letting under the provisions of this chapter, and a tenant or occupant has not vacated the premises within five days after receipt of a written notice to vacate such premises, the owner or lessor may bring a forcible entry and detainer action against the lessee and all occupants of the leased premises pursuant to Article IX of the Code of Civil Procedure, the Illinois Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.).
(2) Notwithstanding Sections 9-112, 9-113 and 9-114 of the Code of Civil Procedure, a judgment for costs against the plaintiff owner/lessor seeking possession of the premises under this subsection shall not be awarded to the defendant lessee/occupant unless the action was brought by the plaintiff owner/lessor in bad faith. An action to possess a premises under this chapter shall not be deemed to be in bad faith where the plaintiff owner/lessor based his or her cause of action on information provided to him or her by a law enforcement agency.
(d) Effect of Chapter on Lease or Contract. Any provision of a lease or contract for letting which is more restrictive than this chapter, or which provides greater remedies to the owner/lessor, shall prevail; and no provision of this chapter shall limit an owner/lessor in enforcing said contract terms.
(Ord. 95-4. Passed 9-18-95.)