Notice from Landlord to Tenant of Landlord's belief of Tenant's abandonment of the leased premises. Warning to Tenant that consequenses including termination are forthcoming.
Illinois Notice of Belief of Abandonment of Leased Premises
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Multi-State
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US-857LT
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How to fill out Notice Of Belief Of Abandonment Of Leased Premises?
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FAQ
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.
Section 15-1507, any personal property remaining in or upon the abandoned residential property shall be deemed to have been abandoned by the owner of such personal property and may be disposed of or donated by the holder of the certificate of sale (or, if none, by the purchaser at the sale).
A notice placed prominently inside and posted to the property is a sufficient start. The notice should state the belief that the property has been abandoned, that the landlord intends to take possession of the property, that the landlord intends to change the locks and the date when this will be done.
A landlord must file a lawsuit in order to evict you. Your landlord cannot make you move by turning off your utilities. Also, your landlord may not evict you by locking you out, changing the locks or removing your personal property from the rental unit.
As a landlord, if you think the property has been abandoned, you should first attempt to contact the tenant. Ask the tenant for written confirmation that they're returning possession of the property to you, and to return the keys. Once you received this confirmation you can go into the property immediately.
Abandoned Rental Property For Landlords in Illinois If your tenant anticipates an extended absence of more than seven consecutive days they are required to notify you of their absence. In order to determine that a unit is abandoned the landlord must look for evidence of abandonment.
If you are renting month-to-month, you are entitled to a 30-day written notice. Leases running year-to-year require a 60-day written notice. YOUR LANDLORD DOES NOT HAVE TO GIVE YOU ANY REASON FOR TERMINATING THE LEASE.
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.
The minimum notice requirement is 28 days. If you have a monthly tenancy, you will have to give one month's notice. If you pay your rent at longer intervals you have to give notice equivalent to that rental period. For example, if you pay rent every three months, you would have to give three months' notice.
For tenancies 6 months-3 years, must give 60 days notice or tenant can stay for 60 days. For tenancies over 3 years, must give 120 days notice or tenant can stay for 120 days.) In Cook County, a landlord cannot ask the tenant to renew more than 60 days before the lease ends.
