Sec. 15-1224. Bona fide lease.
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Sec. 15-1224. Bona fide lease.
(a)For purposes of Sections 9-207.5, 15-1225, 15-1506, 15-1508, and 15-1701 of this Code only, the term "bona fide lease" means a lease of a dwelling unit in residential real estate in foreclosure for which:
(1)the mortgagor or the child, spouse, or parent of the mortgagor is not the tenant;
(2)the lease was the result of an arms-length transaction;
(3)the lease requires the receipt of rent that is not substantially less than fair
market rent for the property or the rent is reduced or subsidized pursuant to a federal, State, or local subsidy; and
(4)either
(i)the lease was entered into or renewed on or before the date of the filing
of the lis pendens on the residential real estate in foreclosure pursuant to Section 2-1901 of this Code or
(ii)the lease was entered into or renewed after the date of the filing of the lis pendens on the residential real estate in foreclosure and before the date of the judicial sale of the residential real estate in foreclosure, and the term of the lease is for one year or less.
(b)A written lease for a term exceeding one year that is entered into or renewed after the date of the filing of the lis pendens on the residential real estate in foreclosure pursuant to Section 2-1901 of this Code and before the date of the judicial sale of the residential real estate in foreclosure that otherwise meets the requirements of subsection
(a)of this Section shall be deemed to be a bona fide lease for a term of one year.
(c)An oral lease entered into at any time before the date of the judicial sale of the residential real estate in foreclosure that otherwise meets the requirements of subsection
(a)of this Section shall be deemed to be a bona fide lease for a month-to-month term, unless the lessee proves by a preponderance of evidence that the oral lease is for a longer term. In no event shall an oral lease be deemed to be a bona fide lease for a term of more than one year.
(d)A written or oral lease entered into on or after the date of the judicial sale of the residential real estate in foreclosure and before the date of the court order confirming the judicial sale that otherwise meets the requirements of subsection
(a)of this Section shall be deemed to be a bona fide lease for a month-to-month term.
(e)Notwithstanding paragraph
(1)of subsection
(a)of this Section, a child, spouse, or parent of the mortgagor may prove by a preponderance of evidence that a written or oral lease that otherwise meets the requirements of subsection
(a)of this Section is a bona fide lease.