(A) Prohibited. It is unlawful for any landlord or any person acting at their direction to knowingly oust or dispossess or attempt to oust or dispossess any tenant from a dwelling unit without authority of law, by plugging, changing, adding or removing any lock or latching device; or by blocking any entrance into said unit; or by removing any door or window from said unit; or by interfering with the services to said unit, including, but not limited to, electricity, gas, hot or cold water, plumbing, heat or telephone services; or by removing a tenant's personal property from said unit; or by the use of force or threat of violence, injury or force to a tenant's person or property; or by any other act rendering a dwelling unit or any part thereof or any personal property located therein inaccessible or uninhabitable.
(B) Defense. The following shall constitute a valid defense to any prosecution by the city of a complaint alleging violation of division (A) of this section (although nothing herein shall authorize any landlord or other person to take any action or to commit any act otherwise prohibited by state or federal law):
(1) A landlord acts in compliance with the laws of Illinois pertaining to forcible entry and detainer and engages the sheriff of Williamson County to forcibly evict a tenant or his personal property;
(2) A landlord acts in compliance with the laws of Illinois pertaining to distress for rent;
(3) A landlord acts pursuant to court order;
(4) A landlord interferes temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law;
(5) The tenants with a right to possession of the dwelling unit have been absent therefrom for 30 consecutive days without advising the landlord of such absence or their intent to return, and the current rent is 30 or more days overdue, and after diligent inquiry the landlord has valid reason to believe that tenants have abandoned the premises and do not intend to return; or
(6) After diligent inquiry the landlord has valid reason to believe that the tenants identified within a written lease have surrendered possession of the premises and do not intend to return, and by the express language of said lease document the lease term has expired for at least ten days, and the landlord has not accepted any rental or other payment after expiration of the lease term for rental for periods after expiration of the lease term.
(Ord. 03-17, passed 4-25-2017)