(735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
Sec. 9-104.2. Condominiums: demand, notice, termination of lease, and eviction. (a) Unless the Board of Managers is seeking to evict
a tenant or other occupant of a unit
under
an existing lease or other arrangement with the owner
of a unit, no demand nor summons need be served upon the tenant or other
occupant in connection
with an action brought under paragraph (7) of subsection (a) of Section
9-102 of this Article.
(a-5) The Board of Managers may seek to evict a tenant or other occupant of a unit under an
existing lease or other arrangement between the tenant or other occupant and
the defaulting owner of a unit, either within the same action against the unit
owner under paragraph (7) of subsection (a) of Section 9-102 of this Article or
independently thereafter under other paragraphs of that subsection. If a
tenant or other occupant of a unit is joined within
the same action against the defaulting unit owner under paragraph (7),
only the unit owner and not the tenant or other occupant
need to be served with 30 days prior written notice as
provided in this Article.
The tenant or other occupant may be joined as additional defendants at the
time the suit is filed
or at any time thereafter prior to execution of the eviction order by
filing, with or without prior leave of the court, an amended complaint and
summons for trial. If the complaint alleges that the unit is occupied or may
be occupied by persons other than or in addition to the unit owner of record,
that the identities of the persons are concealed and unknown, they may be named
and joined as defendant "Unknown Occupants". Summons may be served on the
defendant "Unknown Occupants" by the sheriff or court appointed process server
by leaving a copy at the unit with any person residing at the unit of the age
of
13 years or greater, and if the summons is returned without service stating
that service cannot be obtained, constructive service may be obtained pursuant
to Section 9-107 of this Code with notice mailed to "Unknown Occupants" at the
address of the unit. If prior to execution of the eviction order the
identity of a defendant or defendants served in this manner is discovered, his
or her name or names
and the record may be corrected upon hearing pursuant to notice of motion
served upon the identified defendant or defendants at the unit in the manner
provided by
court rule for service of notice of motion.
If, however, an action under paragraph (7) was brought
against the defaulting unit owner only, and after obtaining an eviction order and expiration of the stay on enforcement the Board of Managers
elects not to accept a tenant or occupant in possession as its own and to
commence a separate action, written
notice of the eviction order against the unit owner and demand to quit the premises
shall be served on the tenant or other occupant in the manner provided under
Section 9-211 at
least 10 days prior to bringing suit to evict the tenant or
other occupant.
(b) If an eviction order is granted to the Board of Managers under
Section 9-111, any interest of the unit owner to receive rents under any
lease arrangement shall
be deemed assigned to the Board of Managers until such time as the judgment is
vacated.
(c) If an eviction order is entered, the Board of Managers may
obtain from the clerk of the court an informational certificate notifying any
tenants
not parties to the proceeding of the assignment of the unit owner's interest
in the lease arrangement to the Board of Managers
as a result of the entry of the eviction order and stating that
any rent hereinafter due the unit owner or his agent under the lease
arrangement should be paid to the Board of Managers until further order of
court. If the tenant pays his rent to the association pursuant to the
entry of such an eviction order, the unit owner may not sue said
tenant for any such amounts the tenant pays the association.
Upon service of the certificate on the tenant in the manner provided by
Section 9-211 of this Code, the tenant shall be obligated to pay the rent under
the lease arrangement to the Board of Managers as it becomes due. If the
tenant thereafter fails and refuses to pay the rent, the Board of Managers may
bring an eviction action after making a demand for rent in accordance
with Section 9-209 of this Code.
(c-5) In an action against the unit owner and lessee to evict a lessee for
failure of the lessor/owner of the condominium unit to comply with the leasing
requirements prescribed by subsection (n) of Section 18 of the Condominium
Property Act or by
the declaration, bylaws, and rules and regulations of the condominium, or
against a lessee for any other breach by the lessee of any covenants, rules,
regulations, or bylaws of the condominium, the demand shall give the lessee at
least 10 days to quit and vacate the unit. The notice shall be substantially
in the following form:
"TO A.B. You are hereby notified that in consequence |
| of (here insert lessor-owner name) failure to comply with the leasing requirements prescribed by Section 18(n) of the Condominium Property Act or by the declaration, bylaws, and rules and regulations of the condominium, or your default of any covenants, rules, regulations or bylaws of the condominium, in (here insert the character of the default) of the premises now occupied by you, being (here described the premises) the Board of Managers of (here describe the condominium) Association elects to terminate your lease, and you are hereby notified to quit and vacate same within 10 days of this date.".
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The demand shall be signed by the Board of Managers, its agent, or attorney
and shall be served either personally upon the lessee with a copy to the unit
owner or by sending the demand thereof by registered or certified mail with
return receipt requested to the unit occupied by the lessee and to the last
known address of the unit owner, and no other demand of termination of such
tenancy shall be required. To be effective service under this Section, a
demand sent by certified mail, return receipt requested, to the unit occupied
by the lessee and to the last known address of the unit owner need not be
received by the lessee or condominium unit owner.
(d) Nothing in this Section 9-104.2 is intended to confer upon a Board of
Managers any greater authority with respect to possession of a unit after a
judgment than was previously established by this Act.
(Source: P.A. 100-173, eff. 1-1-18 .)
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