Tenant Abandonment: When Renters Move Out Before the Lease Ends

Sometimes, tenants decide to leave the rental property before their lease is up. If the tenant did not sublet the unit, legally terminate the lease under the Cook County Residential Tenant and Landlord Ordinance, or get the landlord's permission, then they have abandoned the unit. Let's take a closer look at what abandonment means and how it affects both tenants and landlords.

Under Section 42-809(B)(2) of the Cook County RTLO, abandonment happens when:

1. The tenant tells the landlord in writing that they won't come back.
2. All people listed in the rental agreement have been gone from the unit for 32 days straight (or for the entire rental period if it's less than a month), removed their belongings, and haven't paid rent.

Landlord's Duty to Mitigate

If the tenant abandons the property, the landlord must try their best to rent it out again at a fair price.

• If they succeed, the tenant is responsible for paying the difference between the rent owed from the date of abandonment to the end of the lease and the rent the new tenant pays.
• If they don't succeed, the tenant is responsible for paying the rent for the whole lease period.

Also, the landlord can make the tenant responsible for reasonable advertising expenses and redecoration costs. Section 42-809(B)(2)(c) of the Cook County RTLO.

What Happens to Belongings Left Behind

If a tenant leaves personal belongings behind after termination of the rental agreement, the landlord has the option to store or throw away the items following certain procedures. Section 42-809(B)(2)(d)-(f) of the Cook County RTLO.