Cal. Civ. Code § 9-104.1
Demand; notice; return; condominium and contract purchasers
Operative Text
Demand; notice; return; condominium and contract purchasers. (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.
Under 735 Ill. Comp. Stat. 5 § 9-104.1, before a landlord or condominium association can file an eviction or possession action against a contract purchaser or condominium unit owner, a formal written demand must be served giving the recipient at least 30 days to satisfy what is owed. For condominium units, the demand must itemize the amounts due, the periods they were originally owed, and may include assessments, late charges, interest, and pre-demand attorney fees — all of which are subject to court review. A partial payment does not cancel the demand unless it covers the full amount claimed, and the notice itself must prominently disclose that rule.
Plain English — not legal advice.
Property owners and condominium associations operating under 735 Ill. Comp. Stat. 5 § 9-104.1 generally ensure that any demand served on a contract purchaser or unit owner is in writing, itemizes all amounts claimed with the periods they were due, and provides the required 30-day cure period before any court action is filed. Compliant operators serve the demand personally, by registered or certified mail with return receipt requested to the last known address, or by posting on the premises if no one is in possession — and they retain proof of service. Associations that include attorney fees in the demand should be aware that courts may review the reasonableness of those fees in any subsequent eviction proceeding under Section 9-111(b).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are a contract purchaser or condominium unit owner in Illinois, 735 Ill. Comp. Stat. 5 § 9-104.1 gives you at least 30 days after receiving a proper demand to pay or otherwise satisfy what is claimed before a court action can be filed against you. The demand must clearly state the amounts owed and when they were originally due, and it must include a prominent notice that only full payment will invalidate the demand unless the other party agrees in writing to accept less. If you believe a demand was improperly served, omits required information, or includes questionable attorney fees, you may raise those issues as a defense in any eviction proceeding, and tenant-rights organizations or legal aid services can help you understand your options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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