How long do you have to keep someone's personal belongings in your home after someone moves out?`

Asked over 2 years ago - Chicago, IL

My step-son moved out of my house over 1 1/2 years ago and I have asked him repeatedly to remove his items from my storage unit in the basement for the past 5-6 months. 2 months ago, I gave him a 3 week notice to get his items out of my house or I was going to move them. He responded that he had no way to get them and has no plans of trying to find a way to get them. He lives about 1 1/2 hours away. My question is how long am I legally required to keep his items (no storage fees have been given to me) in my house until I am able to dispose of them properly?

Attorney answers (3)

  1. Gini S. Marziani

    Contributor Level 13

    Answered . Dear Step Parent: In order to be on the safe side, I recommend that you serve your step son with a 10 day Notice to Quit. You will need to include in the Notice the Rule that your Step Son Violated. You can find the form at a stationary store. You must serve it personally or by certified mail.

    If after the 10 days your Step Son still has not made arrangements to remove the items, you may then need to decide if you want to file an eviction action.

    Hope this helps. Good luck

    This is not legal advice and is not intended to create an attorney-client relationship. The post is only an... more
  2. Robert Joseph Hills

    Pro

    Contributor Level 8

    Answered . Chicago RLTO ยง5-12-130(f) - Disposition of Abandoned Property. If the tenant abandons the dwelling unit as described in subsection (e) hereof, or fails to remove his personal property from the premises after termination of a rental agreement, the landlord shall leave the property in the dwelling unit or remove and store all abandoned property from the dwelling unit and may dispose of the property after seven days. Notwithstanding the foregoing, if the landlord reasonably believes such abandoned property to be valueless or of such little value that the cost of storage would exceed the amount that would be realized from sale, or if such property is subject to spoilage, the landlord may immediately dispose of such property.

  3. Gini S. Marziani

    Contributor Level 13

    Answered . Dear Step Parent: I would caution you about considering the property "abandoned" and treating it as such. If after sending the 10 Day Notice to Quit as I suggested in my earlier post, your Step Son does not make arrangements to pick the property up, and you decide NOT to file an eviction action, I would caution you to make an inventory of all of the items prior to disposing of them.

    Keep the copy of the Notice to Quit, evidence of service of the Notice to Quit, and the inventory in a safe place.

    Hope this helps. Good luck

    This is not legal advice and is not intended to create an attorney-client relationship. The post is only an... more

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