Tenant Abandonment

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Latest post Sat, Jun 27 2009 10:56 AM by adjuster jack. 5 replies.
  • Mon, Jun 22 2009 11:09 AM

    • fmmpent
      Consumer
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    • Joined on Sun, Nov 26 2006
    • IL
    • Posts 32

    Tenant Abandonment

    I have a tenant that has abandoned the unit in the state of IL. The electicity has been shut off for over 3 months and she owes 2 months in back rent and I have served 5 day notices. All items are still in the unit. Normally I go to court to obtain an eviction but I forgot about a clause in my lease:

    Abandonment:  If at any time during the term of this lease the Lessee abandons the premises or any part thereof, Lessor may, at his option, enter the premises by any means without being liable for any prosecution thereof, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for the Lessee, relet the premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor’s option, hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of reletting.  If Lessor’s right of reentry is exercised following abandonment of the premises have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 

    So if I store her belongings in the basement for a short period of time and rerent I just want to verify that I will not be liable for any wrongdoing by law.

  • Mon, Jun 22 2009 11:20 AM In reply to

    Re: Tenant Abandonment

    fmmpent:
    I just want to verify that I will not be liable for any wrongdoing by law.

    Nobody here's going to be able to guarantee that.

    You're going to have to read your state's landlord/tenant statute.

    First, to see if there is any provision for abandoned tenant's property. If there is it will trum your lease.

    Second, if there isn't, you'll have to make sure that your lease provision is not a prohibited provision.

    Once you've eliminated those issues, you are probably good to go.

    But I think you will still file your eviction and get the court to rubber stamp getting back possession of the property.

    Especially if you intend to sue the former tenant. If you didn't follow the eviction laws she can use that as a defense and probably ding you quite a bit.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Jun 22 2009 12:09 PM In reply to

    • fmmpent
      Consumer
    • Not Ranked
    • Joined on Sun, Nov 26 2006
    • IL
    • Posts 32

    Re: Tenant Abandonment

    I found this info (Landlord Remedies Section 5-12.130 City of Chicago) so I think I could qualify under number 3.

     

    Abandonment. Abandonment of the dwelling unit shall be deemed to have occurred when:

     

    (1)Actual notice has been provided to the landlord by the tenant indicating the tenant's intention not to return to the dwelling unit; or

    (2)All persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit for a period of 21 days or for one rental period when the rental agreement is for less than a month, and such persons have removed their personal property from the premises, and rent for that period is unpaid; or

    (3)All persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit for a period of 32 days, and rent for that period is unpaid.

    Notwithstanding the above, abandonment of the dwelling unit shall not be deemed to have occurred if any person entitled to occupancy has provided the landlord a written notice indicating that he still intends to occupy the unit and makes full payment of all amounts due to the landlord.

    If the tenant abandons the dwelling unit, the landlord shall make a good faith effort to re-rent it at a fair rental, which shall be the rent charged for comparable dwelling units in the premises or in the same neighborhood. If the landlord succeeds in re-renting the dwelling unit at a: air rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to re-rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. The tenant shall also be liable for the reasonable advertising expenses and reasonable redecoration costs incurred by the landlord pursuant to this subsection.

  • Sat, Jun 27 2009 10:16 AM In reply to

    • fmmpent
      Consumer
    • Not Ranked
    • Joined on Sun, Nov 26 2006
    • IL
    • Posts 32

    Re: Tenant Abandonment

    Again the electricity has been off since March or April and the dishes in the sink haven't been touched in over a month. All 5 Day Notices have been returned to me as RTS via the post office. I know of no other way to "prove" the tenant hasn't been there. I do intend to take pics though.

  • Sat, Jun 27 2009 10:56 AM In reply to

    Re: Tenant Abandonment

    You're probably OK on the abandonment. But if the Chigago code doesn't address personal property you have to comply with the Illinois statute 735 ILCS 5/9-301 that addresses distraint of personal property:

    http://law.justia.com/...

    You should also read the entire Forcible Entry and Detainer statute:

    http://www.ilga.gov/le...

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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