Can a landlord throw out tenants belongings?

Asked over 4 years ago - Chicago, IL

the landlord specifically said no storage. the tenant has hers and someone elses belongings in the storage area. can the landlord throw the things away if the tenant does not remove them?

Attorney answers (2)

  1. Answered . A landlord is different and are subject to state laws. Only the Sheriff of Cook County can actually move belongings from apartment. The Sheriff can only do this after the landlord gets permission from the courts for eviction.

  2. Answered . There is insufficient information here, especially whether "said no storage" is in writing or not. I would not just throw things out without giving the tenant written notice and the opportunity to clear the stuff out. As to the third party's stuff, I wouldn't either unless I knew who put it there and whether the third party knows it's not supposed to be there -- meaning notice to the third party and opportunity to remove. There are just too may options for the tenant and third party to contradict what was "said". The better option may be to tell the tenant there's an extra charge for storage on a month-to-month basis, which establishes a separate rental arrangement for storage, and then you can deal with it like any other rental -- but with eviction as your remedy.... Next time make sure things are in writing.....and what you options are.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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