What rights does a landlord have when tenant abandons room?

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What rights does a landlord have when tenant abandons room?

Tenant and landlord have a verbal month-to-month rental agreement; no written lease for a room in her primary residence. Tenant has paid rent through the end of the current month. Tenant went out of town last week and just today told landlord via email that he won’t be back. Tenant has property still in the room landlord would like to rent the room to someone else ASAP. When can the landlord legally remove the property from the room and how can she dispose of it? Can the tenant waive his right to the property and for any occupation of the room? Can tenant waive right to any claim for the rent?

Asked on April 9, 2012 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Courts notoriously protect a tenant's rights over a landlord's rights.  So to protect your self go and seek help from an attorney about either evicting the tenant and allowing you to gain possession or having the tenant execute a document voluntarily relinquishing their lease hold (and you waiving t=right to come after them for additional rent which will sweeten the deal).  You can not touch their things unless you have a legal right to enter the room.  I know it sounds crazy but trust me.  The email is not worth the paper it is written on.  Good luck. 


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