[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB1036
735 ILCS 5/9-104.2 from Ch. 110, par. 9-104.2
Amends the Forcible Entry and Detainer Article of the
Code of Civil Procedure. Provides that the board of managers
of a condominium association may serve a tenant of a
defaulting owner of a unit within that association with a
copy of the notice sent to the owner that the board intends
to maintain an action for possession of the condominium and
thereby seek to simultaneously terminate the lease between
the defaulting owner and tenant. Provides that if the action
seeking possession is brought against the defaulting owner
only, the board may thereafter serve the tenant with notice
of the judgment against the owner and a demand to quit the
premises at least 10 days prior to filing suit. Effective
immediately.
LRB9003446SMdv
LRB9003446SMdv
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 9-104.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 9-104.2 as follows:
7 (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
8 Sec. 9-104.2. Demand - Notice - Termination of Lease and
9 Possession of a Condominium.
10 (a) Unless the Board of Managers is seeking to terminate
11 an existing lease arrangement between a tenant and the owner
12 of a unit, no demand nor summons need be served upon the
13 tenant in connection with an action brought under paragraph
14 (7) of subsection (a) of Section 9-102 of this Article.
15 (a-5) The Board of Managers may seek to terminate a
16 lease arrangement between a tenant and the defaulting owner
17 of a unit, either within the same action against the unit
18 owner under paragraph (7) of subsection (a) of Section 9-102
19 of this Article or independently thereafter under other
20 paragraphs of that subsection. If within the same action
21 under paragraph (7), the tenant shall also be served with 30
22 days prior written notice and subsequent summons in the same
23 manner and substantially the same form as the unit owner as
24 provided in this Article. If however an action under
25 paragraph (7) was brought against the defaulting unit owner
26 only, and after obtaining judgment for possession and
27 expiration of the stay on enforcement the board of managers
28 elects not to accept a tenant or occupant in possession as
29 its own, written notice of the judgment against the unit
30 owner and demand to quit the premises shall be served on the
31 tenant in the manner provided under Section 9-211 at least 10
-2- LRB9003446SMdv
1 days prior to bringing suit to recover possession from the
2 tenant.
3 (b) If a judgment for possession is granted to the Board
4 of Managers under Section 9-111, any interest of the unit
5 owner to receive rents under any lease arrangement shall be
6 deemed assigned to the Board of Managers until such time as
7 the judgment is vacated.
8 (c) If a judgment for possession is entered, the Board
9 of Managers may obtain from the clerk of the court an
10 informational certificate notifying any tenants not parties
11 to the proceeding of the assignment of the unit owner's
12 interest in the lease arrangement to the Board of Managers as
13 a result of the entry of the judgment for possession and
14 stating that any rent hereinafter due the unit owner or his
15 agent under the lease arrangement should be paid to the Board
16 of Managers until further order of court. If the tenant pays
17 his rent to the association pursuant to the entry of such a
18 judgement for possession, the unit owner may not sue said
19 tenant for any such amounts the tenant pays the association.
20 (c-5) In an action against the unit owner and lessee to
21 evict a lessee for failure of the lessor/owner of the
22 condominium unit to comply with the leasing requirements
23 prescribed by subsection (n) of Section 18 of the Condominium
24 Property Act or by the declaration, bylaws, and rules and
25 regulations of the condominium, or against a lessee for any
26 other breach by the lessee of any covenants, rules,
27 regulations, or bylaws of the condominium, the demand shall
28 give the lessee at least 10 days to quit and vacate the unit.
29 The notice shall be substantially in the following form:
30 "TO A.B. You are hereby notified that in
31 consequence of (here insert lessor-owner name) failure to
32 comply with the leasing requirements prescribed by
33 Section 18(n) of the Condominium Property Act or by the
34 declaration, bylaws, and rules and regulations of the
-3- LRB9003446SMdv
1 condominium, or your default of any covenants, rules,
2 regulations or bylaws of the condominium, in (here insert
3 the character of the default) of the premises now
4 occupied by you, being (here described the premises) the
5 Board of Managers of (here describe the condominium)
6 Association elects to terminate your lease, and you are
7 hereby notified to quit and vacate same within 10 days of
8 this date.".
9 The demand shall be signed by the Board of Managers, its
10 agent, or attorney and shall be served either personally upon
11 the lessee with a copy to the unit owner or by sending the
12 demand thereof by registered or certified mail with return
13 receipt requested to the unit occupied by the lessee and to
14 the last known address of the unit owner, and no other demand
15 of termination of such tenancy shall be required. To be
16 effective service under this Section, a demand sent by
17 certified mail, return receipt requested, to the unit
18 occupied by the lessee and to the last known address of the
19 unit owner need not be received by the lessee or condominium
20 unit owner.
21 (d) Nothing in this Section 9-104.2 is intended to
22 confer upon a Board of Managers any greater authority with
23 respect to possession of a unit after a judgment than was
24 previously established by this Act.
25 (Source: P.A. 89-41, eff. 6-23-95.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.