Real Estate Law
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Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.
I need to ask a few questions before I comment..
Did you give the tenant a 5 day notice to pay or vacate as soon as they stopped paying the rent?
Do you have anything in your lease regarding a tenant's abandoned property?
Is the personal property valuable?
Do you know how long the tenant has been gone?
What city is this in?
Ok, IL doesn't' have any state specific laws about abandoned property and it is left to each individual city to set their own rules. For example, Chicago allows landlords to dispose of property after 21 days of the tenant being absent without notice.
I don't see anything specific as an ordinance for Peoria so the default common law would apply here. You have two options...one a little risky and one much safer.
The somewhat risky one under this type of scenario is where you would post a written notice on the property stating that you believe it has been abandoned and that you will then dispose of any property remaining within XX days (10 is reasonable). Mail it to the tenant at that address both first class mail as well as certified mail for proof in case they have a forwarding address. Then if they don't return to claim the property within XX days, you can pretty safely abandon it.
Or the other safer option would be to go ahead and file the eviction action in court, get a judgment and a writ, and then have the sheriff put you back in legal possession of the property so you can dispose of anything left there under the writ.