Illinois Inventory and Condition of Leased Premises for Pre Lease and Post Lease
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FAQ
State law regulates several rent-related issues, including the amount of notice (at least 30 days in Illinois) landlords must give tenants to raise the rent and how much time (five days in Illinois) a tenant has to pay rent or move before a landlord can file for eviction.
If it's vacant, it still has an owner, and it's illegal to enter without permission. For truly abandoned property, you can enter and actually occupy it over time via the old rule of adverse possession.
In Illinois, property is generally presumed abandoned after five years of inactivity by the presumed owner. However, this time limit varies depending on the type of property involved. Once abandoned property is turned over to the state by a business, an individual then has the burden of reclaiming it from the state.
Normally, neither the tenant nor the landlord can change their mind and get out of the lease before it ends, unless the other side agrees. But both parties can agree to end the lease early by a written agreement. If no agreement is reached, the tenant must pay rent for the full lease term, even if they move out.
In California, habitability includes the following specific warranties: A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following: Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
Generally, the Illinois Revised Uniform Unclaimed Property Act (IRUUPA) changes the dormancy periods from five years to three years for most property types.
Uninhabitable conditions can include dangerous ones, such as holes in the floor, unsafe or exposed wiring, or non-working air conditioning in dangerously hot summer months. Gross infestations of roaches, fleas or other pests are also uninhabitable conditions.
If you are unsure about claiming that a tenant has surrendered the property you can place an Abandonment Notice on the door of the property. This Notice needs to advise that the property has been deemed as abandoned and give a time say five days after which the locks will be changed if no contact is received.
If you personally deliver the notice to the tenant, then you must store the abandoned property for at least 15 days. If you mail the notice to the tenant (including email), then you must store the property for at least 18 days from the date the notice was mailed (see Cal.