Legal Question in Landlord & Tenant Law in Illinois

I subleased an apt for 4 months. The lease ended on Mar 31st. I had an appt with the landlord that day to go through the apt but he did not show up. I left some boxes, suitcases, and plastic container with stuff, blankets and placed them in the storage unit of the apt. When I came back on April 2nd the stuff was gone. I was able to salvage some things from the dumpster but I'm missing expensive items. Multiple attempts to reach the landlord that day was futile. He told my roommates he disposed of my stuff and what I should go pick it up from the dumpster before trash pick days. And he was going to donate the rest . I have to add: the landlord was upset that I did not re-new my lease with him. But I never sensed he was this bitter and spiteful.

I have items that were worth over $2500 in total taken and some I was able to salvage from the dumpster. Despite all the evidence that the items were mine, the landlord did whatever he felt like. Also on a conversation he had with another tenant over the phone (he did not realize he was on speaker and I was listening) he said he knew the items were mine and he did not like me that was why he trashed them. He then lied to the tenant that I threaten him.. when the tenant asked how, he said "oh, by defamation". Then he told the tenant that I will probably come back to the apt and destroy the place and that I must have broken in to get the rest of my stuff. The current tenant said they let me in and I do not have keys since I gave it back to him and that they have know me for yrs and that I'm not the kind of person to do such a thing. Can I sue on tort intentional and emotional distress?


Asked on 7/11/12, 9:13 pm

1 Answer from Attorneys
Stephen Messutta

Assuming your apartment was covered by the Chicago Residential Landlord and Tenant Ordinance, the following provision seems to apply:

Sec. 5-12-130 (f) Disposition of Abandoned Property. If the tenant abandons the dwelling unit as described in subsection (e) hereof, or fails to remove his personal property from the premises after termination of a rental agreement, the landlord shall leave the property in the dwelling unit or remove and store all abandoned property from the dwelling unit and may dispose of the property after seven days. Notwithstanding the foregoing, if the landlord reasonably believes such abandoned property to be valueless or of such little value that the cost of storage would exceed the amount that would be realized from sale, or if such property is subject to spoilage, the landlord may immediately dispose of such property.

Therefore, from the information in your email, it appears you would have a small claims lawsuit. In addition, if the landlord was holding a security deposit from YOU and the apartment was covered by the ordinance, the landlord may be liable to you for various penalties if the security deposit was not handled properly. Unfortunately, it sounds as though it may be your word against the landlord's, which could give the landlord an excuse to lie. And the further problem is that without adequate proof of the value of your property (including pictures or papers...) you may have a difficult time proving your damages. Finally, whether the landlord failed to conduct the walk thru on 3/31 doesn't mean you should have had your stuff out by then, which in a sense created the opportunity for the landlord to do what it did. As to emotional distress, that requires a significant amount of further facts and potential proof, which you should have an attorney review with you, along with everything else.

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Answered on 7/12/12, 7:53 am


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