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  1. #1
    Join Date
    May 2015
    Posts
    1

    Default Does a Landlord Own Personal Property Left by a Prior Tenant

    My question involves personal property located in the State of: Illinois

    My Fiance and I moved into a rental house. At the final walk through before moving in the landlord asked if we wanted some personal property left behind be the tenants. This included 2 tv's a safe and and some items in the garage. I actually remember him saying "Aren't you lucky the last people left you the safe?'.

    During the course of our lease we felt we didn't really need the safe being as I already have one and the one they left took up a lot of closet space. We decided to get rid of it.

    2 Months before the end of our lease the land lord surprised us with a 60 notice with intent to not renew the lease. They suddenly decided they wanted their son to move into the house.
    They started to become a tad harassing and told us that any items we found in the house when we moved in belonged to them. I checked the lease and the safe is not listed as Landlord owned property like the rest of the non permanent fixtures or appliances. They are threatening my security deposit and legal action now.

    What would be the best way to handle this? I would like to avoid court if I can but will do so if need be.

    In reality I just want to live out the remainder of my lease and leave in peace. But it seems like they are going to try and throw a wrench in that.

    Any help would be greatly appreciated.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Property Left Behind by Previous Tenants

    Quote Quoting Scott310
    View Post


    What would be the best way to handle this?

    The BEST WAY to handle this is to leave the house in exactly the same condition as it was when you moved in.

    That means put the safe and the TVs and the other things in the garage with the other stuff the former tenant's left behind, photograph them where you leave them, and forget about them, they weren't yours in the first place so you lose nothing by leaving them behind.

    Photograph every inch of the house inside and out in case the owner plays fast and loose with your security deposit.

    Familiarize yourself with the security deposit laws in case you have to sue the owner in small claims court if he fails to comply.

    http://www.ilga.gov/legislation/ilcs...2&ChapterID=62

    http://www.ilga.gov/legislation/ilcs...3&ChapterID=62

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Does a Landlord Own Personal Property Left by a Prior Tenant

    If the landlord makes a deduction from your security deposit over items left by the prior tenant, there's not really any way to address that without going to court.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Does a Landlord Own Personal Property Left by a Prior Tenant

    to the question in the title:

    Does a Landlord Own Personal Property Left by a Prior Tenant
    that depends on whether the former tenant abandoned the property or gave it to the landlord. If either of those situations are present, yes, that property belongs to the landlord. If the property was not abandoned such that the laws of the state allowed the landlord to lay claim to the property, it still belongs to the former tenant.


    In either case, it does not belong to a subsequent tenant (such as yourself) unless the landlord expressly gifted it to you. From the title question it sounds like you believe you can claim the property simply because it was in the house when you rented it; you can't.

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