HOTEL PROCEDURE-EVICTION

Illinois General Assembly - Full Text of SB3599

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB3599

Home

Legislation

Full Text

SB3599 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3599

Introduced 2/5/2026, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

735 ILCS 5/9-401 new

Amends the Code of Civil Procedure. Provides a process for an operator
of a hotel to evict an occupant of the hotel who fails to pay the full
amount of lodging when due and remains on the premises without the consent
of the operator. Provides that nothing in the Act may be construed to
affect the rights or remedies of an occupant who is a tenant under a bona
fide lease agreement governed by Illinois landlord-tenant law. Provides
that an operator or employee of an operator who is acting in good faith and
in substantial compliance with the Act to be civilly or criminally liable
for requesting law-enforcement assistance or for the peaceful removal of a
non-paying occupant. Provides that the Act does not apply to any occupant
placed in a hotel under a government-funded emergency, disaster-relief, or
transitional housing program if: (1) the cost of lodging is paid for,
directly or indirectly, by a federal, State, or local agency; and (2) the
lodging agreement or agency contract expressly specifies the occupant's
temporary stay and removal procedures. Authorizes a peace officer to
remove a non-paying occupant as a trespasser upon verification of the
operator's documentation under the Act and arrest the person for criminal
trespass to real property under the Criminal Code of 2012. Provides that
nothing in the Act requires law enforcement to intervene in a bona fide
lease dispute or a matter in which the occupant's payment status is
genuinely contested. Authorizes the Illinois Law Enforcement Training and
Standards Board to adopt model policies and training materials for
law-enforcement agencies and operators regarding the application of the
Act.
LRB104 16296 JRC 29681 b

A BILL FOR

SB3599
LRB104 16296 JRC 29681 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Code of Civil Procedure is amended by
5
adding Section 9-401 as follows:

6

(735 ILCS 5/9-401 new)
7

Sec. 9-401.
Failure to pay for lodging.
8

(a) Definitions. As used in this Act:
9

(1) "Hotel" has the same meaning as used in the Hotel
10

Operators' Occupation Tax Act.
11

(2) "Operator" means the owner, manager, or authorized
12

agent in charge of a hotel.
13

(3) "Occupant" means any person who rents, uses, or
14

occupies a room or unit in a hotel for any period of time.
15

(4) "Bona fide lease agreement" means a written
16

agreement between a hotel and an occupant executed by both
17

parties that expressly grants a right of residential
18

tenancy under Illinois law for a fixed or periodic term
19

and specifies rent, term length, and notice provisions
20

consistent with the Landlord and Tenant Act.
21

(5) "Emergency housing program" means any temporary
22

lodging arrangement paid for directly or indirectly by a
23

federal, State, or local government agency, including, but

SB3599
- 2 -
LRB104 16296 JRC 29681 b
1

not limited to, emergency shelter, disaster relief,
2

transitional housing, or prevention programs for the
3

unhoused.
4

(b) Elements of trespassing. Except as provided in
5
subsections (f) and (g), an occupant of a hotel who fails to
6
pay the full amount of lodging charges when due and who remains
7
on the premises without the consent of the operator is a
8
trespasser and not a tenant. Upon written notice to vacate
9
issued by the operator, the occupant has no lawful right to
10
remain in possession of the premises and may be removed under
11
subsection (h). Nothing in this subsection may be construed to
12
affect the rights or remedies of an occupant who is a tenant
13
under a bona fide lease agreement governed by Illinois
14
landlord-tenant law.
15

(c) Safe harbor for operators. An operator or employee of
16
the operator acting in good faith and in substantial
17
compliance with this Section may not be civilly or criminally
18
liable for requesting law-enforcement assistance or for the
19
peaceful removal of a nonpaying occupant.
20

An operator acts in substantial compliance under this
21
Section if, before requesting removal, the operator:
22

(1) made a reasonable effort to collect payment,
23

including presenting an itemized invoice or folio;
24

(2) provided written notice to vacate stating the
25

reason for termination of occupancy; and
26

(3) retained written or electronic documentation

SB3599
- 3 -
LRB104 16296 JRC 29681 b
1

showing nonpayment, declined payment authorization, or
2

unauthorized continued occupancy.
3

This safe harbor does not extend to acts of willful
4
misconduct or the unlawful removal of an occupant covered by a
5
bona fide lease agreement or emergency housing program.
6

(d) Government-funded emergency housing. This Section does
7
not apply to any occupant placed in a hotel under a
8
government-funded emergency, disaster-relief, or transitional
9
housing program if:
10

(1) the cost of lodging is paid for, directly or
11

indirectly, by a federal, State, or local agency; and
12

(2) the lodging agreement or agency contract expressly
13

specifies the occupant's temporary stay and removal
14

procedures.
15

These occupants retain only the rights and protections
16
defined by the applicable government program agreement and are
17
not tenants unless the agreement expressly creates a
18
residential tenancy.
19

(e) Protection for tenants with bona fide lease
20
agreements. Nothing in this Section may be construed to limit,
21
impair, or abridge the rights of any tenant occupying a hotel
22
room under a bona fide lease agreement. These tenants may be
23
removed only through judicial proceedings under Article IX of
24
this Code or other applicable law and are entitled to all
25
notices, protections, and legal remedies given to residential
26
tenants.

SB3599
- 4 -
LRB104 16296 JRC 29681 b
1

(f) Law-enforcement assistance. Upon verification of the
2
operator's documentation under subsection (e), a peace officer
3
may remove the nonpaying occupant as a trespasser.
4

If the occupant refuses to vacate after lawful notice, the
5
officer may arrest the person for criminal trespass to real
6
property under Section 21-3 of the Criminal Code of 2012.
7

Nothing in this Section requires law enforcement to
8
intervene in a bona fide lease dispute or a matter in which the
9
occupant's payment status is genuinely contested.
10

(g) Preservation of other remedies. An operator may pursue
11
civil remedies for unpaid charges, damages to property, or
12
breach of contract. A tenant with a bona fide lease agreement
13
retains all rights and defenses available under Illinois law.
14

(h) Rules and guidance. The Illinois Law Enforcement
15
Training and Standards Board may adopt model policies and
16
training materials for law-enforcement agencies and operators
17
regarding the application of this Section.
18

(i) Construction. This Section is to be liberally
19
construed to protect law-abiding hotel operators from unlawful
20
occupancy and to preserve the rights of occupants with bona
21
fide lease agreements or government-funded housing placements.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn