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9-104.1.Demand; notice; return; condominium and contract purchasers.

Article IX. Eviction · Part 1. In General · Last amended 2018 · Last verified July 20, 2026

In one sentenceSection 9-104.1 gives contract purchasers and condominium unit owners at least 30 days' notice to satisfy a demand before an eviction action can be filed, spells out what the demand must say, and fixes when mailed service is complete.

Full Text of 735 ILCS 5/9-104.1

Text sizeJump to: (a) (b) (c)

(a) In case there is a contract for the purchase of such
lands or tenements or in case of condominium property, the demand shall give the purchaser under such contract, or to the condominium unit owner, as the case may be, at least 30 days to satisfy the terms of the demand before an action is filed. In case of a condominium unit, the demand shall set forth the amount claimed which must be paid within the time prescribed in the demand and the time period or periods when the amounts were originally due, unless the demand is for compliance with Section 18(n) of the Condominium Property Act, in which case the demand shall set forth the nature of the lease and memorandum of lease or the leasing requirement not satisfied. The amount claimed shall include regular or special assessments, late charges or interest for delinquent assessments, and attorneys' fees claimed for services incurred prior to the demand. Attorneys' fees claimed by condominium associations in the demand shall be subject to review by the courts in any eviction proceeding under subsection (b) of Section 9-111 of this Act. The demand shall be signed by the person claiming such possession, his or her agent, or attorney.
(b) In the case of a condominium unit, the demand is not invalidated by partial payment of amounts due if the payments do not, at the end of the notice period, total the amounts demanded in the notice for common expenses, unpaid fines, interest, late charges, reasonable attorney fees incurred prior to the initiation of any court action and costs of collection. The person claiming possession, or his or her agent or attorney, may, however, agree in writing to withdraw the demand in exchange for receiving partial payment. To prevent invalidation, the notice must prominently state:
"Only FULL PAYMENT of all amounts demanded in this notice will invalidate the demand, unless the person claiming possession, or his or her agent or attorney, agrees in writing to withdraw the demand in exchange for receiving partial payment."
(c) The demand set forth in subsection (a) of this Section shall be served either personally upon such purchaser or condominium unit owner or by sending the demand thereof by registered or certified mail with return receipt requested to the last known address of such purchaser or condominium unit owner or in case no one is in the actual possession of the premises, then by posting the same on the premises. When such demand is made by an officer authorized to serve process, his or her return is prima facie evidence of the facts therein stated and if such demand is made by any person not an officer, the return may be sworn to by the person serving the same, and is then prima facie evidence of the facts therein stated. To be effective service under this Section, a demand sent by certified or registered mail to the last known address need not be received by the purchaser or condominium unit owner. No other demand shall be required as a prerequisite to filing an action under paragraph (7) of subsection (a) of Section 9-102 of this Act. Service of the demand by registered or certified mail shall be deemed effective upon deposit in the United States mail with proper postage prepaid and addressed as provided in this subsection.

Plain-English Summary

Whether the demand is aimed at a contract purchaser or a condominium unit owner, it must give at least 30 days to satisfy its terms before an action can be filed. For a condominium unit, the demand must state the amount claimed and the time periods when it originally came due -- including assessments, late charges or interest, and attorney's fees incurred before the demand -- unless the demand instead targets a lessor-owner's failure to comply with the condominium's leasing requirements, in which case it describes the leasing requirement not satisfied instead of a dollar figure.

Partial payment doesn't automatically invalidate a condominium demand: subsection (b) says only full payment of everything demanded, by the end of the notice period, does that, unless the person claiming possession agrees in writing to withdraw the demand for less. To rely on that rule, the notice itself must prominently include specific warning language to that effect.

Service can be personal, or by registered or certified mail with return receipt requested to the purchaser's or owner's last known address, or by posting if no one is in actual possession. Mailed service is complete once it's deposited in the mail with proper postage and address, whether or not it's ever received, and no other demand is a prerequisite to a condominium-assessment action under Section 9-102(a)(7).

Frequently Asked Questions

How much notice does a condominium association have to give a delinquent unit owner before evicting?

At least 30 days to satisfy the terms of the demand before the action is filed.

Does partial payment stop a condo assessment eviction demand?

Only if it adds up to full payment of everything demanded by the end of the notice period, unless the association agrees in writing to accept less. The notice must carry specific warning language to keep that protection.

What must a condominium assessment demand state?

The amount claimed and the time periods when those amounts originally came due, unless the demand instead concerns a leasing violation, in which case it describes the unmet leasing requirement.

How can this demand be served?

Personally, by registered or certified mail with return receipt requested to the last known address, or by posting if the premises are unoccupied.

If the demand is mailed and comes back undelivered, is service still valid?

Yes. Service by registered or certified mail is effective on deposit in the mail with proper postage and address, whether or not it's received.

Amendment History

(Source: P.A. 100-173, eff. 1-1-18.)

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: condo eviction notice illinois30 day notice condo assessment illinoiscontract for deed eviction notice illinoiscondo assessment demand illinoisillinois condo delinquent assessment eviction