Upon the entry of an eviction order in favor of a board of managers under the Condominium Property Act, as provided in Section 9-111 of this Act, and upon delivery of possession of the premises by the sheriff or other authorized official to the board of managers pursuant to execution upon the order, the board of managers shall have the right and authority, incidental to the right of possession of a unit under the order, but not the obligation, to lease the unit to a bona fide tenant (whether the tenant is in occupancy or not) pursuant to a written lease for a term which may commence at any time within 8 months after the month in which the date of expiration of the stay of the order occurs. The term may not exceed 13 months from the date of commencement of the lease. The court may, upon motion of the board of managers and with notice to the evicted unit owner, permit or extend a lease for one or more additional terms not to exceed 13 months per term. The board of managers shall first apply all rental income to assessments and other charges sued upon in the eviction action plus statutory interest on a monetary judgment, if any, attorneys' fees, and court costs incurred; and then to other expenses lawfully agreed upon (including late charges), any fines and reasonable expenses necessary to make the unit rentable, and lastly to assessments accrued thereafter until assessments are current. Any surplus shall be remitted to the unit owner. The court shall retain jurisdiction to determine the reasonableness of the expense of making the unit rentable.
9-111.1.Lease to bona fide tenant.
Article IX. Eviction · Part 1. In General · Last amended 2018 · Last verified July 20, 2026
In one sentenceSection 9-111.1 lets a condo board, once it holds possession after evicting a delinquent owner, lease the unit to a bona fide tenant for up to 13 months at a time and apply the rent, in a fixed order, to what the owner owes before any surplus goes back to the owner.
Full Text of 735 ILCS 5/9-111.1
Plain-English Summary
After an eviction order and delivery of possession, the board has the right, though not the obligation, to lease the unit to a bona fide tenant under a written lease. That lease must begin within 8 months of the month the stay expired, run no more than 13 months, and can be extended for additional 13-month terms with court permission and notice to the evicted owner.
Rental income has a set order of priority: first to the assessments, charges, judgment interest, attorney's fees, and costs from the eviction action; then to other lawfully agreed expenses (including late charges), fines, and the reasonable expense of making the unit rentable; then to assessments accruing afterward, until the account is current. Any surplus goes to the owner, and the court keeps jurisdiction to review whether the make-rentable expenses were reasonable.
Frequently Asked Questions
Can a condo board rent out a unit after evicting the delinquent owner?
Yes, once possession is delivered following the eviction order, the board may, but doesn't have to, lease the unit to a bona fide tenant.
How long can the board's lease of the unit last?
Up to 13 months from the lease's commencement, though the court can permit or extend additional terms of up to 13 months each.
When must the board's lease of the unit begin?
Within 8 months after the month in which the stay of the eviction order expired.
Where does the rent money go?
First to the assessments, charges, judgment interest, attorney's fees, and costs from the eviction case; then to other lawfully agreed expenses and fines and the cost of making the unit rentable; then to newly accrued assessments; any leftover goes to the evicted owner.
Does the evicted owner get any say in extending the board's lease term?
The owner is entitled to notice of the board's motion to permit or extend an additional lease term, and the court decides the motion.
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
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