When Tenants Leave: Oak Park Rules on Abandoned Personal Property
What's a landlord supposed to do when the tenant moves out and reasonably believes they won't return? Oak Park 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:
- No-Value or Low-Value Property: If a tenant left personal property that the landlord thinks has little or no value, the landlord can either keep it in the empty unit or store it somewhere else. After seven days, the landlord can throw the tenant's stuff away without notifying the tenant. The landlord doesn't need to give written notice to the tenant. Section 12-6-9(B)(2)(d)(1) of the Oak Park RTLO.
- 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 seven days after the notice is delivered. The notice can be posted inside the dwelling unit, on the front door, or sent via email. Section 12-6-9(B)(2)(d)(2) of the Oak Park RTLO.
- If the tenant doesn't get their stuff in 7 days, then the landlord can throw it away.
- 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 keep them for one year. After that period, the proceeds become the property of the landlord. Section 12-6-9(B)(2)(d)(3) of the Oak Park RTLO.
NOTE: The landlord is responsible for storing the property with reasonable care. However, they are not liable for any loss or damage unless it results from their deliberate or negligent actions. The storage can take place either on the premises or at a commercial storage facility. The costs associated with storage should be commercially reasonable.
If a tenant responds in writing to landlord and says they will get their stuff but doesn't in the specified timeframe or mutually agreed upon date, the landlord can conclude that the tenant abandoned the property.
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.