Legal Question in Real Estate Law in Illinois

Situation--two people in a relationship living together. They break up and he moves out, leaving a number of personal items behind and no timetable for retrieving them. Would she be liable for any damage done to said items, can she dispose of them, can she give him a deadline to remove them and then throw them away if he does not comply? In short, how far must she go to keep his items safe and if he left them behind (even if claiming ownership) does he still retain ownership?


Asked on 1/26/13, 12:33 pm

2 Answers from Attorneys
Walter Palmer Law Office of Walter Palmer

I would say keep his stuff for six months. HOWEVER, during that time you must 'nag' him about that and give a deadline. One trick that one of my law school professors suggested is to inform him, in writing, that his property will be stored and that the 'usual and customary' storage fee is $20 per day - at least. Also, indicate that after 30 days the storage fee will rise and after six months it will be sold (on Ebay). That will probably get his attention. Be sure to use the phrase "usual and customary".

He retains ownership for quite a while. As long as he has notice you can do quite a bit.

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Answered on 1/26/13, 1:31 pm
Stephen Messutta

I agree with Mr. Palmer. Unfortunately Illinois has no clear rule about what to do with property that you can not tell if it was abandoned or not other than to do what Mr. Palmar said or to file a lawsuit to have a court enter an order that will allow you do deal with the items, which is a pain and would require you to advance costs he might not reimburse you for.

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Answered on 1/27/13, 8:07 pm


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