(a) A mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale under Section 15-1507 of this Code, who assumes control of the residential real estate in foreclosure, as defined in Section 15-1225 of this Code, may terminate a bona fide lease, as defined in Section 15-1224 of this Code, only: (i) at the end of the term of the bona fide lease, by no less than 90 days' written notice or (ii) in the case of a bona fide lease that is for a month-to-month or week-to-week term, by no less than 90 days' written notice.
9-207.5.Termination of bona fide leases in residential real estate in foreclosure.
Article IX. Eviction · Part 2. Recovery of Rent; · Last amended 2013 · Last verified July 20, 2026
In one sentenceWhen a foreclosure buyer, mortgagee, or receiver takes over rental property, Illinois requires ninety days' written notice before ending a bona fide lease, even if the lease's own term or a month-to-month period would otherwise end sooner.
Full Text of 735 ILCS 5/9-207.5
(b) Notwithstanding the provisions of subsection (a) of this Section, an individual who assumes control of residential real estate in foreclosure pursuant to a judicial sale and who will occupy a dwelling unit of the residential real estate in foreclosure as his or her primary residence may terminate the bona fide lease for the dwelling unit subject to the 90-day notice requirement of subsection (a) of this Section.
(c) Nothing in this Section or Section 15-1224 of this Code shall abrogate the rights of a mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale, who assumes control of the residential real estate in foreclosure to terminate a bona fide lease of a dwelling unit in residential real estate in foreclosure under Section 9-118, 9-119, 9-120, 9-201, 9-202, 9- 203, 9-204, 9-209, or 9-210 of this Code.
Plain-English Summary
Section 9-207.5 protects residential tenants when property changes hands through foreclosure. Subsection (a) requires a mortgagee, receiver, holder of a certificate of sale, holder of a deed issued under that certificate, or purchaser at a judicial sale who assumes control of residential real estate in foreclosure to give at least ninety days' written notice before terminating a bona fide lease -- whether the lease is at the end of its term or is on a month-to-month or week-to-week basis.
Subsection (b) closes off an obvious workaround: even an individual who buys the property at the judicial sale and intends to move in and occupy it as a primary residence still has to give that same ninety-day notice before ending the tenant's bona fide lease.
Subsection (c) makes clear the ninety-day notice does not replace the other grounds for ending a bona fide lease found in Sections 9-118, 9-119, 9-120, 9-201, 9-202, 9-203, 9-204, 9-209, and 9-210 of this Code. Those remedies -- covering things like nonpayment of rent or other lease defaults -- remain available to whoever has assumed control of the property, alongside the ninety-day notice requirement.
The section leans on defined terms found elsewhere in the Code: 'bona fide lease' and 'residential real estate in foreclosure' are defined in Sections 15-1224 and 15-1225, and the reference to a judicial sale purchaser ties back to Section 15-1507, all part of the mortgage foreclosure article.
Frequently Asked Questions
Who must give ninety days' notice under this section?
A mortgagee, receiver, certificate holder, deed holder, or judicial-sale purchaser who assumes control of residential real estate in foreclosure.
Does the ninety-day notice apply to month-to-month tenants too?
Yes. Subsection (a) applies the ninety-day notice to bona fide leases at the end of their term and to month-to-month or week-to-week tenancies alike.
What if the purchaser plans to move into the unit?
The purchaser still must give ninety days' notice before terminating the tenant's bona fide lease, under subsection (b).
Does this section replace other grounds for eviction, like nonpayment of rent?
No. Subsection (c) preserves the separate termination rights available under the sections it lists, including the nonpayment and holdover provisions of this Part.
Where are bona fide lease and residential real estate in foreclosure defined?
Sections 15-1224 and 15-1225 of this Code.
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: foreclosure tenant notice illinois90 day notice foreclosure evictionbona fide lease foreclosure saletenant rights foreclosed property illinoisbuying foreclosed rental property tenant