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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 115463
Experience:  Attorney with over 24 years experience.
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If a landlord has not seen or heard from a tenant in 2 weeks

Customer Question

If a landlord has not seen or heard from a tenant in 2 weeks and the rent is due but they have not paid the rent and have no security deposit how long is the landlord responsible for their belongings in a apartment.?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under the IL law, this does not yet constitute abandonment it seems. IL considers it abandonment when:

(e)Abandonment. Abandonment of the dwelling unit shall be deemed to have occurred when:

(1)Actual notice has been provided to the landlord by the tenant indicating the tenant’s intention not to return to the dwelling unit; or

(2)All persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit for a period of 21 days or for one rental period when the rental agreement is for less than a month, and such persons have removed their personal property from the premises, and rent for that period is unpaid; or

(3)All persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit for a period of 32 days, and rent for that period is unpaid.

So you need to send them written notice to their last known address to leave in 3 days. You know they are likely gone and the sending and placing the written notice at their last known address is not going to get a response. The next step is you have to file a suit for eviction and as part of that suit you can ask for the court to order disposal of the contents of the premises and they can order that as well as the eviction.

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