Can I change locks?

[Larry Asiak]

I have a tenant who has been renting for 2 years.    Have had some issues, but nothing major.   The second lease was for 8 months and has expired in September.   My lease defaults to month to month.   I have been trying to get the tenant to sign a new lease to carry through the winter (Illinois), but no luck.    I did a walkthrough a few weeks ago and came to find out the tenant has not been living at the place for a few months.    This is concerning with winter coming (heating), and generally the place is in bad shape and full of mice.   The gas and electric were off.  

He told me on the 25th of November that he would let me know about a new lease by December 1st.   The 1st of the month came around and he said he had the heat on, but did not answer about renewing the lease.    On the 6th he said he will not be renewing.  I asked when he will be moving out, he said this weekend.   I clarified that he will have everything out by the 10th, and he said yes.    I informed him this doesn’t coincide with the lease 30 day notice month to month policy.   However Im ok with the moveout.    He has not paid any rent for December but says he will pay for the one week.    I have all this in text.   

My question is:  Since I have from him that he will have everything out by Monday (tomorrow) in writing- can I change the locks even if his stuff is still there?   

I’m very doubtful he will have moved everything, if anything.     I need to start repairing the place and get the heat on minimum.    This is the worst time of year to deal with this.   I made the mistake of being lenient with renewing the lease in the fall.   

[Nathan Gesner]

You're making a mistake by involving this tenant in the decision-making process. He's been stringing you along for months and you just let it keep happening. If you require a lease extension, give him a deadline to sign it or move out.

He told you he will be out this weekend. If he's not, change the locks and get the utilities on. If his stuff is still there, you have a couple choices: move it out and hope he doesn't sue or try to get written permission from him to dispose of it. If you want to do it legally, get his permission or put the stuff in storage somewhere and make him pay everything owed to get it back.