Legal Question in Real Estate Law in Illinois

condo lease termination

Can a tenant terminate a lease if the condo association is attempting to repair a bathroom wall where water is making the paint bubble.

Association has opened the wall to seek water leakage


Asked on 4/14/09, 2:37 pm

2 Answers from Attorneys

Glenn Guttman Rieff Schramm Kanter & Guttman

Re: condo lease termination

I think the issue is one of privity of contract. In other words, a tenant merely occupies the unit from the owner during the term of the tenancy. The owner is ultimately responsible for the payment of condominium assessments and special assessments if one is borne out of fixing the problem leak. Thus, if the tenant terminates the lease with the owner and if the tenant was responsible under the lease for payment of association fees and special assessments during the time of the lease, it would be the owner's responsibility for collecting such fees from the tenant. The owner however would ultimately be responsible to the condominium association for any assessment or special assessment and the association could place a lien on the property if those fees were not paid by the owner possibly.

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Answered on 4/14/09, 2:43 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: condo lease termination

Thank you for your question. Probably. Your lease would have to be reviewed in order to have a definate answer.

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Answered on 4/14/09, 5:47 pm


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