When Tenants Leave: Evanston Rules on Abandoned Personal Property

What's a landlord supposed to do when the tenant moves out and reasonably believes they won't return? Evanston law gives guidelines to landlords to know what to do with tenants' property after they move out. Here's a breakdown of the key points:

1. No-Value or Low-Value Property: If a tenant left personal property that the landlord thinks has little or no value, the landlord must notify the tenant in writing. The written notice should say that they plan to throw away their stuff after 15 days if the tenant doesn't get it. Section 5-3-6-5(A)(2) of the Evanston RLTO.
2. Valuable Property: If a tenant left personal property that the landlord thinks has value, the landlord must notify the tenant in writing. The written notice should give a deadline for the tenant to remove their belongings. This deadline should be at least 15 days after the notice is delivered. It should also say whether the landlord plans to sell or throw away the tenant's property. Section 5-3-6-5(A)(1) of the Evanston RLTO.
   1. If the tenant doesn't get their stuff in 15 days, then the landlord can throw it away.
   2. Or the landlord can sell the property through a public or commercially reasonable private sale. The proceeds from the sale can be used to cover rent owed. If there are any remaining proceeds after deducting expenses, the landlord must retain them for one year. After that period, the proceeds become the property of the landlord.

What happens when the tenant responds to the landlord's notice?

• If a tenant responds in writing to landlord and says they will get their stuff but doesn't in the specified timeframe, the landlord can conclude that the tenant abandoned the property.
• If the tenant gets their stuff after the notice period before the landlord sold or threw away their stuff, then the landlord can charge the tenant for the cost of storage. Section 5-3-6-5(D) of the Evanston RLTO.