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OH landlord
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| Joined: | Wed Sep 12th, 2007 |
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Posted: Mon Jun 16th, 2008 01:24 pm |
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You should have served the 5 day pay or quit notice 2 months ago. Once it expired, you should have filed for eviction. (Never let rent slide more than a few days before filing.) Did you serve this notice? If so, you can go back and file for eviction now if you wish.
IL does have a statute on abandonment of property. 735 IL Statute 5/9-318 Read through this statute and see what it says. It may have a procedure to follow to declare the unit abandoned. (Usually, this process deals with documenting your attempts to contact the tenant, documenting the fact that rent is delinquent, posting a 24 hours notice to enter, going in and inspecting the unit, documenting the lack of furnishings and belongings, documenting utilities being off or delinquent, posting a notice of belief of abandonment, then changing locks and storing the remaining belongings for 30 days in case they return for them.) This process varies by state so you need to find out how it is done in your state.
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LandlordLaura
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Posted: Fri Jun 13th, 2008 04:19 am |
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Did you already serve your Tenant with your State's version of a "pay rent or quit" notification as soon as rent went unpaid? It is best to serve these notifications as soon as possible after a lease violation to both enforce your Lease and protect your rights. If you have not yet done so, while you are reading through the Landlord Tenant Laws, see how that issue is addressed as well...
Let us know...
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LandlordLaura
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Posted: Fri Jun 13th, 2008 04:13 am |
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State (and City and County) Landlord Tenant Laws can vary quite a bit. It is very important that you read through the most recent Landlord Tenant Laws for the State/County/City where your rental property is located to find out how abandoned property is to be legally addressed.
It is always best to get a move-out notification signed by a Tenant when they return possession of the property to you. If you have not gotten anything in writing and have not had the Tenant return the keys, it will be difficult to prove that the property has been abandoned. You will have to be very careful to follow the Laws to the letter. It is a good idea to speak with an experienced Landlord Tenant Attorney who practices in the area where your property is located to advise you on how to proceed.
Let us know what you find out...
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Illlandlord
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Posted: Thu Jun 12th, 2008 11:20 am |
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What constitutes Abandonment? I rent a house in Illinois. I have a tenant that owes me 2 months rent. He assured me he would be out at the first of the month, now it is the 12th. I have called him several times and have gotten no answer. I have also left several messages. I have gone to the house several times.....evening and morning...and he is not there. the last time I spoke with him he told me he would have everything out. I stoped by last night, I noticed that all the furniture...TV...Couch...Dining Table...etc. are all gone. I assumed the place is empty, however there are still some things left behind. I also assumed this is just "Junk" he no longer wants or could not take with him. But what really confuses me is that upon entering the house, I noticed that in one room there is a desk with a computer, that is still pluged in and running???? Who would leave a computer, and leave it pluged in and running??
I have had absolutly NO contact with the tenant for 2 weeks, he is 2 months behind on rent.
Is this Abandonment?
Thank you, Ill Landlord
Last edited on Thu Jun 12th, 2008 11:21 am by Illlandlord
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