15-1508.5.Notice by holder or purchaser to known occupants of dwelling units of mortgaged real estate.

Article XV. Mortgage Foreclosure · Part 15. Judicial Foreclosure Procedure · Last amended 2013 · Last verified July 20, 2026

In one sentenceSection 15-1508.5 requires the certificate or deed holder (or purchaser) to search out and notify known occupants of the property within 21 days of confirmation, explaining the change in control without telling them to vacate, before it may collect rent or terminate a tenancy for nonpayment.

Full Text of 735 ILCS 5/15-1508.5

Text size

(a) The holder of the certificate of sale or deed issued

pursuant to that certificate or, if no certificate or deed was issued, the purchaser, shall:

(1) following the judicial sale under Section 15-1507, but no later than 21 days after the confirmation of sale under Section 15-1508, make a good faith effort to ascertain the identities and addresses of all occupants of dwelling units of the mortgaged real estate; and

(2) following the order confirming sale under Section 15-1508, but no later than 21 days after the order confirming sale, notify all known occupants of dwelling units of the mortgaged real estate that the holder or purchaser has acquired the mortgaged real estate. The notice shall be in writing and shall:

(i) identify the occupant being served by the name known to the holder or purchaser;

(ii) inform the occupant that the mortgaged real estate at which the dwelling unit is located is the subject of a foreclosure and that control of the mortgaged real estate has changed;

(iii) provide the name, address, and telephone number of an individual or entity whom the occupants may contact with concerns about the mortgaged real estate or to request repairs of that property;

(iv) include the following language, or language that is substantially similar: "This is NOT a notice to vacate the premises. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights that you may have.";

(v) include the name of the case, the case number, and the court where the order confirming the sale has been entered; and

(vi) provide instructions on the method of payment of future rent, if applicable. (b) The written notice required by subsection (a) of this Section shall be served by delivering a copy thereof to the known occupant, or by leaving the same with some person of the age of 13 years or upwards who is residing on or in possession of the premises, or by sending a copy of the notice to the known occupant by first-class mail, addressed to the occupant by the name known to the holder or purchaser. (c) In the event that the holder or purchaser ascertains the identity and address of an occupant of a dwelling unit of the mortgaged real estate more than 21 days after the confirmation of sale under Section 15-1508, the holder or purchaser shall provide the notice required by subparagraph (2) of subsection (a) within 7 days of ascertaining the identity and address of the occupant. (d)(i) A holder or purchaser who fails to comply with subsections (a), (b), and (c) may not collect any rent due and owing from a known occupant, or terminate a known occupant's tenancy for non-payment of such rent, until the holder or purchaser has served the notice described in paragraph (2) of subsection (a) of this Section upon the known occupant. After providing such notice, the holder or purchaser may collect any and all rent otherwise due and owing the holder or purchaser from the known occupant and may terminate the known occupant's tenancy for non-payment of such rent if the holder or purchaser otherwise has such right to terminate.

(ii) An occupant who previously paid rent for the current rental period to the mortgagor, or other entity with the authority to operate, manage, and conserve the mortgaged real estate at the time of payment, shall not be held liable for that rent by the holder or purchaser, and the occupant's tenancy shall not be terminated for non-payment of rent for that rental period.

(e) Within 21 days of the confirmation of sale under Section 15-1508, the holder or purchaser shall post a written notice on the primary entrance of each dwelling unit subject to the foreclosure action. This notice shall:

(i) inform occupant that the dwelling unit is the subject of a foreclosure action and that control of the mortgaged real estate has changed;

(ii) include the following language: "This is NOT a notice to vacate the premises.";

(iii) provide the name, address, and telephone number of the individual or entity whom occupants may contact with concerns about the mortgaged real estate or to request repairs of the property; and

(iv) provide instructions on the method of payment of future rent, if applicable.

(f)(i) The provisions of subsection (d) of this Section shall be the exclusive remedy for the failure of a holder or purchaser to provide notice to a known occupant under this Section.

(ii) This Section shall not abrogate any right that a holder or purchaser may have to possession of the mortgaged real estate and to maintain a proceeding against an occupant of a dwelling unit for possession under Article IX of this Code or subsection (h) of Section 15-1701.

(iii) In the event that the holder or purchaser is a mortgagee in possession of the mortgaged real estate pursuant to Section 15-1703 at the time of the confirmation of sale and has complied with requirements of subsection (a-5) of Section 15- 1703, the holder or purchaser is excused from the requirements of subsections (a) and (e) of this Section.

(iv) A holder or purchaser is not required to provide the notice required by this Section to a mortgagor or party against whom an order of possession has been entered authorizing the removal of the mortgagor or party pursuant to subsection (g) of Section 15-1508.

Plain-English Summary

Winning a foreclosure sale doesn't let the new owner start collecting rent from existing tenants right away. Within 21 days after the judicial sale but no later than 21 days after the sale is confirmed, the holder of the certificate of sale or deed (or the purchaser, if none issued) must make a good-faith effort to identify occupants of the property's dwelling units and, within that same 21-day post-confirmation window, notify each known occupant in writing that the property has been foreclosed and control has changed. That notice must identify the occupant by the name known to the holder, explain the change in control, give contact information for property concerns or repairs, include language clarifying it is not a notice to vacate, state the case name, number, and court, and give payment instructions for future rent. It's served by delivery to the occupant, by leaving it with a household member at least 13 years old, or by first-class mail.

If the holder or purchaser learns an occupant's identity more than 21 days after confirmation, it must send the required notice within 7 days of learning that information. And within that same 21-day post-confirmation window, it must also post a written notice on the primary entrance of every dwelling unit, covering similar ground -- the change in control, that it isn't a vacate notice, contact information, and future rent instructions.

The consequence for skipping any of this falls on rent collection: a holder or purchaser who doesn't comply may not collect rent from a known occupant, or terminate that occupant's tenancy for nonpayment, until it serves the required notice -- after which it may collect rent and terminate for nonpayment going forward. An occupant who already paid the mortgagor (or whoever managed the property) for the current rental period can't be charged twice, and can't be evicted for nonpayment of that period's rent. This remedy is exclusive; it doesn't affect the holder's or purchaser's separate right to pursue possession under Article IX or Section 15-1701(h), and none of it applies to a mortgagee already in possession under Section 15-1703, or to anyone against whom an order of possession has already been entered under Section 15-1508(g).

Frequently Asked Questions

How soon must a foreclosure sale purchaser notify known tenants after the sale is confirmed?

No later than 21 days after the order confirming the sale.

What must the notice to known occupants say?

It must identify the occupant, explain that the property was foreclosed and control has changed, give contact information, state it is not a notice to vacate, list the case name and number and the court, and provide rent-payment instructions.

What happens if a purchaser learns of an occupant's identity after the 21-day window?

It must provide the required notice within 7 days of learning the occupant's identity and address.

Can a purchaser collect rent from a tenant before giving this notice?

No. Until the notice is served, the holder or purchaser may not collect rent from a known occupant or terminate the tenancy for nonpayment.

Is an occupant liable for rent already paid to the former owner for the current period?

No. Subsection (d)(ii) protects an occupant who already paid rent for the current period to the mortgagor or prior manager from being charged again or evicted for that period's nonpayment.

Amendment History

(Source: P.A. 98-514, eff. 11-19-13.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: illinois foreclosure tenant notice requirementsnotice to occupants after foreclosure sale illinoistenant rights after foreclosure illinois21 day tenant notice foreclosure illinois