Tenant Abandonment: When a Tenant Moves 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 Evanston Residential Landlord and Tenant 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 the Evanston RLTO, abandonment happens when:

1. The tenant has moved out;
2. Rent is overdue; and
3. The landlord's notice to terminate the lease expired.

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.

Additionally, the tenant is responsible for reasonable advertising expenses and redecoration costs incurred by the landlord in the process. Section 5-3-6-2 of the Evanston RLTO.

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. After waiting 15 days, the landlord may throw away the property unless it is considered valuable or the cost of storage outweighs its value. Section 5-3-6-5 of the Evanston RLTO.