Legal Question in Landlord & Tenant Law in Illinois
My tenant gave a 30 day notice and said she would be out by May 1st, but she moved out on April 9th, is that considered abandonment when my lease says "moving out with rent paid and being 5 days absent" is considered abandonment. there was not actual move out date for me and the house sat empty for 3 wks and had a water leak.
1 Answer from Attorneys
What's the question? Can you go after the tenant if the place was damaged because of the leak and it was the tenant's fault? Possibly. But 'abandonment' is a squeaky concept and if the tenant paid for all of April, that might not be abandonment. And, if you knew of the actual move-out you may have had an obligation to check out the apartment. See an attorney for a complete review of this situation, particularly if the leak caused damages and you don't have enough security deposit to cover them....and there may be notice obligations for that too.
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