Illinois Holdover tenant question

[Tim Coppola]

Hello,

I have a situation where the lease of a tenant of mine expired on July 31 and I am moving back into the unit. She signed a new lease somewhere else and has moved the majority of her belongings but has not completely move everything out of my unit. I want to get into the unit to clean it up and start bringing my stuff in, so I offered to let her keep the rest of her belongings in my garage until she can get it all loaded and moved. Her mother (who is an attorney) told me that she still holds the right as a holdover tenant and that I need to change my plans or they can consider it unlawful trespass.

I understand the idea behind a holdover tenant but my question here is, if a tenant signs a new lease with another landlord (and have not made a payment for the new month) are they still considered a holdover tenant with the previous apartment?

Any insight into this would be greatly appreciated as it is starting to cause issues with already scheduled appointments of mine.

Thanks,

Tim