Cal. Civ. Code § 5
Class X felony by lessee or occupant
Operative Text
Class X felony by lessee or occupant. (a) If, after the effective date of this amendatory Act of 1995, any lessee or occupant is charged during his or her lease or contract term with having committed an offense on the premises constituting a Class X felony under the laws of this State, upon a judicial finding of probable cause at a preliminary hearing or indictment by a grand jury, the lease or contract for letting the premises shall, at the option of the lessor or the lessor's assignee, become void, and the owner or the owner's assignee may notify the lessee or occupant by posting a written notice at the premises requiring the lessee or occupant to vacate the leased premises on or before a date 5 days after the giving of the notice. The notice shall state the basis for its issuance on forms provided by the circuit court clerk of the county in which the real property is located. The owner or owner's assignee may have the same remedy to recover possession of the premises as against a tenant holding over after the expiration of his or her term. The owner or lessor may bring an eviction action. (b) A person does not forfeit his or her security deposit or any part of the security deposit due solely to an eviction under the provisions of this Section. (c) If a lessor or the lessor's assignee voids a contract under the provisions of this Section, and a tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or the lessor's assignee may seek relief under Article IX of the Code of Civil Procedure. Notwithstanding Sections 9-112, 9-113, and 9-114 of the Code of Civil Procedure, judgment for costs against the plaintiff seeking eviction under this Section shall not be awarded to the defendant unless the action was brought by the plaintiff in bad faith. An eviction action under this Section shall not be deemed to be in bad faith if the plaintiff based his or her cause of action on information provided to him or her by a law enforcement agency or the State's Attorney. (d) The provisions of this Section are enforceable only if the lessee or occupant and the owner or owner's assignee have executed a lease addendum for drug free housing as promulgated by the United States Department of Housing and Urban Development or a substantially similar document.
Under 765 Ill. Comp. Stat. 705, when a tenant or occupant is charged with a Class X felony allegedly committed on the rental premises, and a court finds probable cause at a preliminary hearing or a grand jury returns an indictment, the landlord gains the option to treat the lease as void. The landlord may then issue a written 5-day notice to vacate and pursue eviction through Illinois courts if the occupant does not leave. Importantly, this provision only applies when both parties have previously signed a HUD-approved drug-free housing lease addendum or a substantially similar document, and a tenant evicted under this section does not automatically forfeit their security deposit.
Plain English — not legal advice.
Operators seeking to rely on 765 Ill. Comp. Stat. 705 generally ensure that a HUD drug-free housing lease addendum — or a substantially equivalent document — is signed by all parties at the time of leasing, since the statute is unenforceable without it. When a qualifying Class X felony charge arises and a judicial probable-cause finding or grand jury indictment is obtained, a compliant operator posts a written 5-day vacate notice at the premises using forms provided by the circuit court clerk of the county where the property is located. If the occupant remains after 5 days, the owner or assignee may pursue eviction under Article IX of the Code of Civil Procedure, and an action based on information from a law enforcement agency or State's Attorney is not considered bad faith under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 765 Ill. Comp. Stat. 705, a landlord's ability to void a lease and seek eviction based on a Class X felony charge is conditional — it requires that a drug-free housing addendum was part of the original lease agreement, and it is triggered only after a judicial probable-cause finding or grand jury indictment, not merely an arrest. Tenants facing a notice under this section retain their security deposit rights; the statute explicitly states that a deposit cannot be forfeited solely because of an eviction brought under this provision. Tenants who receive a 5-day vacate notice may wish to review the lease addendum for compliance, consult a tenant-rights organization, or seek legal counsel to evaluate whether all statutory prerequisites have been met before any eviction action proceeds.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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