On May 14, ILL LEG passed bill requiring flood disclosure to tenants.
ILL LEG passed bill SB 2601 to amend the Landlord and tenant act by creating new ILL LEG 765-705/25, Disclosure of potential flooding in rental and lease agreements.
Bill Provisions
Requires every landlord to clearly disclose to each tenant in writing prior to signing the lease that a rental property is located in the FEMA special flood hazard area.
Also to disclose if the rental property or any portion of the parking areas of the rental property have been subjected to flooding and the frequency of such flooding.
If a landlord fails to disclose and the tenant becomes aware that the property is located in FEMA special flood hazard area the tenant may terminate the lease.
Tenant to give written termination notice to the landlord by 30th day after flood occurred, and landlord return all rent/fees paid in advance by 15 days after notice.
Requires every landlord who leases a lower-level unit to clearly disclose to each lower-level tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit has experienced flooding in the last 10 years and disclose frequency.
If landlord fails to comply and flooding occurs that results in damage to the tenant's personal property, the tenant may terminate lease, or bring action against landlord.
Legislative History
On Oct. 18, 2023, bill introduced in Senate; on Apr. 10, 2024, bill passed in Senate.
On Apr. 10, 2024, bill delivered to House; on May 14, 2024, bill was passed in House.
Effectiveness
Upon approval, SB 2601 rental flood disclosures will take effect on Jan. 1, 2025.
Aug. 2024 ILL LEG Governor Approved
On Aug. 2, 2024, ILL LEG reported governor approved SB 2601 as PA 103-0754.
Regulators
ILL LEG
Entity Types
CNSM; Corp; MG Orig
Reference
PA 103-0754, 8/2/2024; Bill, SB2601, 5/14/2024; Citation: ILL LEG 765-705;
