Cal. Civ. Code § 9-111.1
Lease to bona fide tenant. 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
Operative Text
Lease to bona fide tenant. 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.
Under 735 Ill. Comp. Stat. 5 § 9-111.1, when a condominium board of managers obtains an eviction order against a unit owner and takes possession through the sheriff, it gains the option—but not the requirement—to rent that unit to a qualified tenant under a written lease. The lease must begin within a specific window after the eviction stay expires and cannot run longer than 13 months per term, though a court can authorize additional terms upon proper motion. Rental income collected must be applied in a set priority order—first to the debts from the eviction action, then to other approved costs, and finally any leftover funds go back to the evicted unit owner.
Plain English — not legal advice.
Condominium boards of managers operating under 735 Ill. Comp. Stat. 5 § 9-111.1 generally ensure that any lease of a recovered unit is executed in writing and that the commencement date falls within the 8-month window following the expiration of the stay of the eviction order. Compliant boards track rental income carefully and apply it in the statutory priority sequence—covering eviction-related assessments, fees, and costs before addressing other charges or post-eviction assessments. If a longer rental period is needed beyond the initial 13-month term, boards typically file a motion with the court and provide proper notice to the evicted unit owner before extending the lease.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A tenant renting a condominium unit from a board of managers under 735 Ill. Comp. Stat. 5 § 9-111.1 has the right to a written lease, and the provision applies regardless of whether the tenant was already in occupancy when the board took possession. Because the court retains jurisdiction over the reasonableness of expenses related to making the unit rentable, tenants and unit owners alike have a forum to raise concerns about those costs. Anyone with questions about their rights in this situation may benefit from consulting a tenant-rights organization or a licensed Illinois attorney familiar with condominium and landlord-tenant law.
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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