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 Oak Park 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 12-6-9(B)(2) of the Oak Park RTLO, abandonment happens when:
- The tenant tells the landlord in writing that they won't come back; or
- 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.
However, if someone listed in the lease tells the landlord in writing that they still plan to live there and pays all owed rent, it's not considered abandonment.
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 12-6-9-(B)(2)(c) of the Oak Park 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 Oak Park RTLO.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.