Landlord Question and Answer Forum

Tenant signed a one year lease; have had problems since month 3; 3 weeks ago he gave us written notice that they would be out by that weekend; they haven't paid November rent; house is empty but there is still items in the garage. Lease was to be up in May 2016; he sent my husband a text message that he spoke to a lawyer and claims until he gets all his stuff out we can't change locks or unplug the garage door opener. We need to get this house repaired and rented again but don't want to make the wrong move. Can we change the locks now? What paperwork do we need to get to him? A 5 day notice to pay the remainder of the lease agreement? We will be taking him to small claims court over this but want to cover ourselves in the court system. We are in Illinois.

This is true you cannot remove stuff from property however you can charge them for the full lease which they are responsible for or until you find new tenants. Now, to find new tenants you must evict the tenant. Once the eviction goes through the courts you can remove the stuff from the property and change locks to get new tenants in. You will need to hold onto the tenant belongings for 30 days. I also recommend talking to an attorney yourself incase they fight the eviction. Don't let them take advantage of you.

Posted by Patty H, on Wednesday, December 9, 2015

I'm sorry, I meant to clarify that they do not live there anymore; just some items now left in the garage as of Dec 8th so we don't need to do an eviction. I am thinking I need to send them an Abandoned Property notice and a 10 day notice to cure. Is this correct?

Posted by Terry &, IL on Wednesday, December 9, 2015