What to do with tenant property during eviction?

Question

Hey BP,Any tips for evictions in cook county? I have a 3 flat and have finally received eviction order from the judge after 6 months. If my tenant doesn’t leave, I can file for a tenant to kick them out and give me access to change the locks.I can’t find anything that says my responsibility with their property? Do I have to hire someone to move it? Any services people know?Other tips for people who have gone through this?

John Warren · Answer

@Edward Kuk this is one of the massive grey areas in the law for housing providers. In the past, the sheriff would remove the belongings for you, but now this is pushed onto the landlord. What we do in the bigger buildings is store anything of value in the basement for the few weeks and then trash it if the tenant doesn't come back. In smaller buildings this gets tough for sure. Most housing providers don't have the manpower at their disposal to move and store a tenant's stuff, especially after six to seven months of zero rent. I would ask your attorney what the absolute maximum amount of time you need to store the stuff is. Don't ask them general questions, but ask them to be specific. Just fyi, the order of eviction can only be enforced by the sheriff, so once you get it you need to wait for the sheriff to come enforce it which takes around four to five weeks right now based on my recent experience.

Nathan Gesner · Answer

The Cook County Eviction Process: https://www.cookcountysheriff....What to do with Tenant belongings: https://www.oflaherty-law.com/...

Jonathan Klemm · Answer

Hey @Edward Kuk - You got some solid advice from @John Warren, who has dealt with a ton of cook county evictions. The moral of the story is to talk with your attorney about the exact steps to take so that the tenant doesn't have any wiggle room. If you need a decent Chicago eviction attorney please feel free to reach out and I can provide their contact info.

Edward Kuk · Answer

Thanks for all the replies and support. This community is incredible. Luckily, the tenant left today and the place is empty. Left all the keys and garage openers. I'll replace every lock he had access too but after 10 months of skipping out on rent, this is the least he could have done.

Bryan Sonn · Answer

@Edward Kuk I just DMed a recent podcast we did with a Chicago eviction expert attorney. It also lays out step by step the process including post possession steps.

Michael Smythe · Answer

Be very careful with tenant possessions!1) Always get something in writing from bailiff, sheriff, etc. that they gave you legal possession of the property. Without anything in writing, you are exposed for a tenant lawsuit. In Michigan, once we get legal possession of property it also covers all items left in the property. If that is NOT the case in your state, read on...2) Video everything, preferably with two people in the home. This avoids only one-person testimony., which can be easily challenged in court.3) Usually, if tenants left behind a lot of stuff, the house will need RentReady work that will take at least 1-2 weeks. So, if property has basement or garage, store the tenant's stuff there temporarily. Or put it in backyard and cover with tarp. Video this too, to protect yourself.4) Document at least 3 attempts to contact former tenant to come get their stuff.5) Usually, after doing the above and waiting 30-days, your relatively "safe" in doing whatever you want with their stuff.CAUTION: we've been sued twice, both times after 90 days from when a tenant moved out, not evicted. They sued because they claimed they left something of value in the property that we should have returned. First time, our client had to settle. 2nd time, we did above and case was dismissed.

Edward Kuk · Answer

Thank you all - this is incredibly helpful. This is a multi-unit so there isn't an open area but will let my attorney come back how long to store their stuff if needed. Appreciate it!

Theresa Harris · Answer

Following Nathan's post for Illinois, if their stuff is more than the storage-rent a UHaul pod or some pod storage for 1 week. It can stay on the driveway (locked) and then call a junk removal place to have the contents taken to the dump. You could, if the weather is good, leave it on the side of the road with a free sign for a few days. It is surprising what people will pick up.

Paul De Luca · Answer

I recommend leaning on your attorney for this kind of advice. An experienced eviction attorney should be your guide.

Allan Smith · Answer

In Tennessee and even in different counties with different jurisdictions, I always see piles of tenant trash at the curb. So most landlords just pay somebody to haul it out of the house so they can get the unit ready for the next tenant. The law is something like you have to keep it for 30 days in case the tenant comes back for it, in this state I mean.