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SB 3753

EVICTION-IMPOUND RECORDS

104th Regular Session Introduced by Graciela Guzmán and 1 co-sponsor

Evictions where the tenant paid rent on time per the last signed lease get sealed, if a HUD drug-free housing addendum is in place.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 3753

Summary of SB3753 (104th General Assembly, Illinois)

Note: This summary reflects the introduced text as of February 5, 2026, including the sponsor and stated revisions to the Landlord and Tenant Act.

Purpose and intent

  • The bill amends the Landlord and Tenant Act to address eviction proceedings where the tenant has complied with the rent terms of the last written and signed lease. In such cases, the eviction proceedings would be sealed.

Key provisions and changes

1) Sealing of eviction proceedings when rent terms are satisfied

  • In any eviction proceeding, if the trier of fact (judge/jury) finds that the tenant has complied with the terms of the last written and signed lease as to:
    • the amount of rent, and
    • timeliness of rent payments then the eviction proceeding must be sealed.
  • This creates a rule that favorable rent-payment outcomes are confidential and not part of the public record.

2) Retains existing eviction mechanics if terms not satisfied

  • The bill does not alter the standard eviction process for tenants who have not met the rent payment terms specified in the most recent lease.

3) Drug-free housing lease addendum requirement

  • The enforcement of the eviction provisions is contingent on both landlord and tenant having executed a lease addendum for drug-free housing promulgated by the U.S. Department of Housing and Urban Development (HUD) or a substantially similar document.
  • This imposes a prerequisite documentation standard for applicability.

4) Security deposit treatment

  • Evictions under this section do not by themselves forfeit the security deposit or any part of it solely due to the eviction under these provisions.

5) Eviction process timing and relief

  • If a lessor voids the lease under these provisions and the tenant does not vacate within 5 days after receiving a written notice to vacate, the lessor may pursue relief under the Illinois Code of Civil Procedure Article IX (standard eviction/removal framework).
  • Costs awarded against the plaintiff (landlord) in such eviction actions shall not be awarded to the defendant (tenant) unless the action was brought in bad faith.
  • An eviction action shall not be deemed to be in bad faith if the plaintiff based the cause on information provided by a law enforcement agency or the State’s Attorney.

6) Record sealing scope and limitations

  • The sealing applies specifically to eviction proceedings that meet the rent-compliance condition outlined in item 1.

7) Legislative housekeeping

  • The text notes conformity with an amendment originally enacted or referenced by P.A. 100-173 (eff. 1-1-18).

Who is affected

  • Tenants: Those in eviction proceedings where their last signed lease shows timely and accurate rent payments.
  • Landlords and landlords’ assignees: The party initiating eviction actions and determining whether to seal records when rent terms are met; also affected by the drug-free housing addendum requirement.
  • Courts and court clerks: Responsible for sealing eviction records when the conditions are met and ensuring proper form issuance and sealing.
  • Prospective renters and the public: Sealed eviction records would limit public access to certain eviction outcomes, potentially affecting background checks where sealed records are in play.

Procedural and timeline aspects

  • Effective and operative details are tied to the landlord and tenant having executed the HUD-promulgated drug-free housing lease addendum (or substantially similar document).
  • If an eviction is sealed under these provisions, the case record would be sealed rather than publicly accessible.
  • If the tenant does not vacate within 5 days after a written notice to vacate, the landlord may pursue standard remedies under the Code of Civil Procedure Article IX, with standard provisions on costs and bad-faith considerations applying as specified.
  • The bill’s action history shows committee and sponsor activity in early 2026, with co-sponsors and rule deadlines noted.

Notable details

  • The key threshold for sealing is compliance with “the terms of the last written and signed lease as to the amount and timeliness of rent payments.”
  • The drug-free housing addendum requirement is a distribution/conditioning element for enforcement.
  • Sealing aims to balance eviction process transparency with privacy protections for tenants who meet rent obligations.

Compiled from official sources — confirm details with the bill’s official record.

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