Your delinquent owner failed to pay assessments, so KSN secured an Order for Possession and Judgment for the past due assessments. Step one completed. You secured a renter to recoup lost assessment revenue. Step two completed. Everything moves along nicely with the solution you have implemented. Then, the renter stops paying his rent. What are your options? In these hard economic times, association assessment lawsuits aren’t the only eviction actions Boards need to be familiar with: tenant evictions are on the rise and becoming more and more prevalent within associations.
Most Boards and managers are aware of the requirements for an eviction lawsuit for past due assessments that allows them to secure possession of the unit and rent it out. If that renter stops paying rent though, most Boards are at a loss, entering foreign territory with landlord/tenant evictions.
No need to fret: KSN has been representing landlords for years, right along with associations, and our attorneys are well-versed in landlord/tenant evictions. The differences from assessment evictions seem simple, but are actually quite technical and cannot be ignored.
First, rather than a 30 Day Notice, the association, or our office, will issue a Landlord’s 5 Day Notice (unless another timeframe is specified in the Lease) for the unpaid rent. One important difference between the notices is that a Landlord’s Notice must be served personally on the tenant or another resident over 13 years of age: it cannot be sent certified mail or posted on the door unless the tenant appears to have abandoned the unit.
We then file a similar lawsuit, but when the Order for Possession enters, the association will not need to wait 60 days. In landlord/tenant evictions, most judges only stay these orders for possession 7-14 days, allowing the association to quickly regain possession of the unit and put a paying renter in.
As a Board, you need to protect the interests of your paying homeowners by taking quick action to recoup unpaid assessments. Illinois law is unique in allowing an association to take possession of a unit and collect rent from a tenant for that purpose and KSN can help you swiftly remove non-paying tenants and get your books back in the black.
Originally published in the KSN Law Newsletter Q4 2012.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We have four office locations, serving hundreds of clients and thousands of communities throughout Illinois, Indiana, and Wisconsin. Our attorneys are also licensed in Arizona, Florida, and Missouri.
If our law firm can be of assistance, please call 855-537-0500 or visit www.ksnlaw.com.