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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111568
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Condo Association in Chicago,IL. Previous board let a tenant

Customer Question

Condo Association in Chicago,IL. Previous board let a tenant occupy unit for seversl years and pay board rent. We had never filed with the state our association information and when a new board was inacted in 2015 we filed with the state we were notified of the bank ownership. At that time we indicated to the tenant all arrangements and payment should be directed to the bank. The bank then began paying condo fees. We were just told The bank went to court with tenant and agreed to vacate the unit. This is what the tenant has advised but we have not received a notice. The tenant has requested a refernce letter stating he has paid us. The current board has no record of his payemnts and the previous treasure left poor records. He is no longer a condo unit owner. Based on remarks from the previous treasure we were told he made his payments. I advised to the tenant at best we can indicate that the previous tresurer stated he paid his rent and was up to date. The only rason we are considering this is because we want to make sure we receive the garage gate opener. My concern is can the tenant come back and try to recouped rent paid as technically we did not own the unit. At the time we were not collecting from the bank our condo fee and they started making payments once the tenant stopped paying us.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your association has no records of the rent payments, you should not be issuing any letter admitting to the board receiving rents. You were right in advising the tenant as you did. Tell them the only thing you can say, because the actual records and proof of payment are not available, is that former treasurer (name them) indicated that the "tenant does not owe any debts to the board or association." This way you are not specifically saying he paid rent to the board, just that he does not owe the board any money.

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