Tenant "moved out" but left their personal belongings

[Paul De Luca]

Hey everyone,

I closed on a 3-unit house hack in Chicago early last month and provided one of the MTM tenants notice of non-renewal of their lease. We ultimately both agreed to a move out date of June 11th and I have this all in writing. On June 11th the tenant says they left the key to the front door outside the front door at the property, so I went to go pick that up. When I arrived I collected the key and found the door to the unit unlocked with all of the tenant's personal items still in the unit (and a bit of a mess). I have asked the tenant several times now when they plan on picking up their things, but so far I have not gotten a response despite my texts and calls. If the tenant does not get back to me, what can I do in this situation? The tenant understood and agreed to the move out date plus provided their key but left their furniture behind, so can I assume they do not want those things? 

Note: The tenant is an elderly couple & there is a bit of a language barrier so I have mostly been communicating with them through their daughter. Back in May she expressed that she was in the process of finalizing a move in date at an independent living facility for her parents. I'm not sure if they are following through with that. 

[Nathan Gesner]

Quote from @Paul De Luca:

Hey everyone,

I closed on a 3-unit house hack in Chicago early last month and provided one of the MTM tenants notice of non-renewal of their lease. We ultimately both agreed to a move out date of June 11th and I have this all in writing. On June 11th the tenant says they left the key to the front door outside the front door at the property, so I went to go pick that up. When I arrived I collected the key and found the door to the unit unlocked with all of the tenant's personal items still in the unit (and a bit of a mess). I have asked the tenant several times now when they plan on picking up their things, but so far I have not gotten a response despite my texts and calls. If the tenant does not get back to me, what can I do in this situation? The tenant understood and agreed to the move out date plus provided their key but left their furniture behind, so can I assume they do not want those things? 

Note: The tenant is an elderly couple & there is a bit of a language barrier so I have mostly been communicating with them through their daughter. Back in May she expressed that she was in the process of finalizing a move in date at an independent living facility for her parents. I'm not sure if they are following through with that. 

They told you they were out, therefore anything left behind is trash. You can usually walk through the property and see there's nothing of great value. Take pictures and/or video of how the unit was found and the items left behind. Empty it out quickly and trash it, donate it, sell it, or whatever.

But what if they come back and sue? First, you were told by them they were out, therefore everything is legally abandoned or trash. Second, they would have to prove what was removed and disposed of. Third, they would have to prove that YOU were the one that removed their items. If I were sued under these circumstances, I would have a very short defense: "Your Honor, they told me they moved out and the key was in the door. I went to the property and found the door unlocked and the key in the door. I disposed of some trash they left behind, cleaned the unit up, and rented it out."