By Matthew A. Quick If, during the term of a lease, any Tenant or occupant is charged with committing a Class X Felony on the leased premises, which includes, but is not limited to kidnapping, sexual assault, armed robbery and manufacture or sale of narcotics, and there is a judicial finding of probable cause at a preliminary hearing or indictment by a grand jury concerning the same charge, the Landlord may void the lease. 765 ILCS 705/5.
If the Landlord wishes to void the lease, the Landlord must post written notice at the leased premises requiring the Tenant to vacate the leased premises on or before a date five (5) days after giving of the notice. If the Tenant does not vacate the premises prior to the date given, the Landlord may utilize forcible entry proceedings. 735 ILCS 5/9-101, et seq.
In order for the Landlord to void the lease upon commission of a Class X Felony, however, the Landlord and Tenant must execute a lease addendum for drug free housing as promulgated by the United States Department of Housing and Urban Development, which has become commonly known and referred to as a Crime Free Lease Addendum.
Regardless of the intent of the Landlord, incorporation of this document into the lease agreement is required in some communities and select communities mandate every Landlord to attend a Crime Free Seminar. Landlords should contact the municipality in which the leased premises sits to determine if any Crime Free mandates exist.