Legal Question in Landlord & Tenant Law in Illinois

Tenant died. Girlfriend of tenant was not on lease however had a key. Girlfriend was allowed in building by landlord after the death to take items that she wanted without the permission of the family members. When family contacted landlord to remove personal property, landlord refused to let them and stated it belonged to them as tenant owed rent. No legal action was taken by landlord and landlord signed new lease for said property with girlfriend with personal property still in building. What recourse does family have now that items are gone. What state law in Illinois covers this?


Asked on 9/21/13, 7:50 am

1 Answer from Attorneys
Stephen Messutta

Sorry for your loss. Family must establish probate, appoint executor or administrator, and may only have a claim against the landlord for misappropriation of property. Landlord may have had right to sell tenant's goods to offset unpaid rent but the procedure is extremely tricky for a landlord. Family through probate may also have lawsuit against girlfriend for misappropriation of tenant's property. Problem: proving who owned what. And bigger question: what is the goal here: the value of tenant's property needs to be weighed against the costs and expenses of recovering against either the landlord or the girlfriend.

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Answered on 9/21/13, 7:57 am


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