We live in a 4 unit condo building in IL. One of the units is rented, however, the lease was signed by the rental agent on behalf of the unit owner. The rental agent has no Real Estate License. Further, the unit owner was a 'straw purchaser' and has never been seen; no mortgage payments or assessments were ever made and the unit is about to go into foreclosure. Bottom line is we would like to evict the tenants, the question is are they in a legal binding agreement/lease with any rights? Or can we serve them an eviction notice today?

We live in a 4 unit condo building in IL... can we serve them an eviction notice today?Hello chitown:

I don't know who "we" are. If you're just a neighbor and member of the HOA, then NO, of course you can't evict them. Landlords/owners have the right to evict tenants - not neighbors or HOA'S

So, the question isn't whether THEY have any rights. It's a matter of whether YOU have any rights in the matter. It doesn't appear that you do...

Furthermore, the tenants have a lease with SOME owner, who you seem to think shouldn't actually own it for some reason or other. Besides, even if he DOES own it, he's going into foreclosure anyway, so you think there's something you can and/or should do about it...

You can't. Unless, of course, you can show me why you're entitled to evict these people... Plus, I'd like to know what difference it is to YOU. YOUR unit isn't affected at all in this matter.

If the dues to your HOA are behind, then your by-laws should provide a method for you to collect. If that's the case, evicting the tenants certainly woudn't be one of them, nor would it help you collect...

Please, I seem to missing something here.

excon