When a tenant leaves behind personal property, Illinois landlords are often left wondering what to do. Mistakes in handling abandoned property can lead to legal disputes or theft claims. Whether a residential tenant is evicted, abandons the premises, or simply leaves the premises after the expiration of the lease, they may leave some personal property behind. The abandoned property laws for handling belongings vary depending on where the rental unit is located, especially between Chicago and the rest of the state.
For some foundational information on Illinois landlord-tenant law, check out: Illinois Tenant Rights Explained.
What is Considered Abandoned Property in Illinois?
In Illinois, unclaimed property left behind by a tenant is considered abandoned if the tenant has moved out after the lease has ended, been evicted or moved out without intention of returning. However, Illinois doesn’t have a statewide definition of abandoned personal property. It’s determined by:
- Vacating the Property: If the tenant has physically moved out and taken their essentials with them and left other personal items behind, then it’s abandonment.
- Non-payment or Lease Expiration: When the lease has ended or the tenant hasn’t paid rent and has moved out, the items left behind may be considered abandoned.
- No Communication: If the tenant hasn’t communicated they will be back to get their belongings after they’ve moved out, then the property is considered abandoned.
City of Chicago Requirements for Disposing of a Tenant’s Possessions
If the tenant leaves property behind and the rental unit is in Chicago, the Landlord is required to store the property or leave the property on the premises for 7 days after the tenant leaves the property. After this 7 day period has expired, the landlord may freely dispose of the property. An exception to this rule is that if the landlord reasonably believes the property to be of such little value that the cost of storage would exceed the fair market value of the property, the landlord may dispose of the property without waiting for 7 days.
Best Practices of Disposing of a Tenant’s Possessions Outside of the City of Chicago
If the property is located outside of the city of Chicago, the law is unclear as to the landlord’s obligations with respect to property that the tenant leaves behind after moving out. The recommended best practice is that if the landlord reasonably believes the property to have value, the landlord should store the property or leave it on premises and give the tenant written notice that they have a reasonable time (usually 30 days) to get their belongings before you dispose of them. Include the date, location of the property and your contact information. Take photos of the property, keep records of your communication with the tenant and document any attempts to contact them. This will protect you in case of any legal disputes.After the notice period has expired you can dispose of the property. Be careful with high value items as improper disposal can lead to liability claims.
Recovering Abandoned Property in Illinois
If you think your landlord has abandoned your property or left it behind when you moved out here’s what you can do to find and get it back:
- Reach out to your former landlord asap. Ask if they are holding any of your belongings and what can be arranged for you to pick them up.
- If you got a written notice from your landlord about the abandoned property, respond within the time frame (7 days in Chicago or up to 30 days elsewhere in Illinois) to prevent your belongings from being thrown away.
- If the landlord is holding your stuff, formally request the return and arrange a time to pick it up. Be clear and document all communication.
- If the landlord has already gotten rid of or is refusing to return your property, consult an attorney who specializes in landlord-tenant law. You may have a claim for theft or conversion.
By acting promptly and maintaining communication with your landlord, you increase the chances of recovering your abandoned property.
For more on this topic, check out: The Illinois Eviction Process Explained.
Conclusion
Illinois landlord-tenant law can be tricky when it comes to abandoned personal property. Whether you’re a landlord unsure of your obligations or a tenant trying to get your stuff back, you need to handle these situations carefully to avoid disputes or liability. If you have questions or concerns about abandoned property or any other landlord-tenant issue, contact O’Flaherty Law today. Our attorneys will walk you through the legal minefield and help you make informed decisions.
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