Tenant left tons of garbage and belongings

[Kat P.]

My tenant's lease was up and when he moved, he left a ton of stuff in the basement and garage, too much for the alley, will cost several hundred to have removed. He told me basically, it's not his stuff and he's not coming back. I have photo's, there are literally boxes with his name on the shipping labels. I texted and emailed him, told him to get his stuff, then I sent a notice that I would hold his belongings for 7 days, via certified mail. Illinois law states I must keep it for 7 days. My question is, aside from the junk removal fee, can I deduct storage fees or holdover rent from the deposit?

[George Skidis]

Anything you must do to correct the tenants deficiencies can be deducted from the deposit. Damages and clutter both count. Document everything and keep track of your expenses to the penny. Then after applying the tenants deposit to your expenses you will need to decide if the matter is big enough to pursue in small claims court and if the tenant is able to pay the judgement.

Don't forget to notify the tenant how you applied their deposit to the damages within 30 days. Send two letters. The first letter to their old address with "Address Forwarding Requested" written directly under your return address. The second goes to their current residence if you know it, this one should go registered mail. 

When they refuse to sign for the registered letter place both the mail forwarding response and the rejected registered letter in your file. You may need them to prove you responded within the time line allowed by Illinois law.