Legal Question in Landlord & Tenant Law in Illinois
tenant lease/early move
i have a tenant who moved out after approx. 20 months on a 3 year lease. she claims she gave me notice so her rent is no longer enforceable. this is the first month of which she has not paid in full. i can obviously start applying her security deposit towards her rent but what about after that runs out? what are my rights in going after her for the remainder of the lease amount? can i enter the property?
2 Answers from Attorneys
Re: tenant lease/early move
What's left in the unit in terms of the tenant's property? If it's fairly empty, I'd change the locks and re-take possession of the unit. Document the condition of the unit with pictures. Then I'd try and re-rent the unit ASAP. Beyond the security deposit, your recourse with the tenant is getting a money judgment against her. My question would only be one of timing...if she left a lot of her stuff in the unit you may want to get an Order of Possession right now just so the Sheriff removes her stuff instead of you. If it's fairly empty, you might wait to file suit possibly until there's new tenant in the unit because then you can see for what months the former tenant is liable. I can explain further if we talk.
Re: tenant lease/early move
The City of Elgin puts out a book detailing landlord and tenant rights. Check at City Hall to pick one up. You will need to carefully follow the procedures required by local law in order to effectively recoup your losses. Also, rent the place as soon as possible in order to demonstrate that you mitigated your damages -- you can't leave the unit empty and then try to tell a court you're entitled to X amount of unpaid rent when you didn't do anything to stop the bleeding.