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To
qualify as abandoned, the Landlord Tenant Act requires two things: that
rent is owing on the unit and words or actions by the tenant that reasonably
lead the landlord to believe that the tenant has vacated the unit and is
not intending to return. Without both of these elements, you cannot take
over the unit as abandoned.
If you believe you have both, post a notice of abandonment on the door (see
the forms section of this website) and, after 2 or 3 days if the tenant
has not contacted you to tell you he or she is still occupying the unit,
go into the unit and inspect. Look for fresh food in the refrigerator and
toiletries as these are good indications of occupancy. If you determine
that the unit is abandoned, you may take it over and change the lock and
terminate the tenancy.
The main question in abandonment is what to do with any belongings that
the tenant has left in the unit. According to the Landlord Tenant Act, you
must first determine the value of the items. Use garage sale value to set
a price on each item. If the total value is $50.00 or less, the landlord
must store the items for 7 days and then dispose of them or sell them and
apply the proceeds of the sale to any amount owing. You cannot sell family
photos, personal papers and keepsakes. If the value of the items is over
$50.00, you must store the items for 45 days and then dispose of them or
sell them and apply the proceeds as above.
As soon as you determine that the items must be sold, you must send notice
to the tenant's last known address telling the tenant the time, date and
location of the sale and that the tenant can reclaim the items prior to
the sale by paying to the landlord the reasonable costs of storage and moving.
The landlord cannot keep the items until the tenant has paid any rent, cleaning
or repair charges.
If you believe that the unit has been abandoned after a writ of restitution
has been issued, you are better off going through the physical eviction
rather than taking the unit over as abandoned. The reason for this is once
the sheriff has indicated where the goods are to be placed during the physical
eviction and after you have placed the goods there, your liability for those
goods has ended. So long as you hold them after an abandonment, you still
may have some liability should the goods get damaged or go missing.
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