Apt landlords/tenants I need some advice (LONG!)

[Schadenfreude]

It's fairly long, so I'll try to break parts of it down in easy-to digest bullet points:

• My brother, who is overseas, is the owner of this apartment
• The apartment is smack dab in downtown Chicago, within 3 blocks of Michigan Ave, Millennium park, etc.
• I live about an 60~90 mins away one-way, depending on the traffic
  
  The prior tenant moves out (which is a whole other can o' worms) by the end of July and a girl moves in by mid-August. She seems nice enough, but I'm getting fairly burnt out as I have to drive there after work on a daily basis to check/clean/show the place on top of me getting married soon, but she decides to move in at the end, a huge load off of my mind.
  
  A little about the tenant:
• She is a foreign exchange student
• She just completed her undergrad program from NYC
• She will be attending AI in Chicago on her parent's dime
• She only moved in with her backpack and one (1) luggage
  
  Fast forward to September.
• I got married (yay!) Well, we eloped over 3 yrs ago, but anyhow
• The day we get back from our marriage (9-19-2011), we get an email forwarded from my brother that the girl is saying she needs to move out on 9-20-11
• Apparently her cash lifeline from her parents has stopped for one reason or another, she needs to go back home . . . overseas.
  
• I call her 2x on 9-19-11: once during my lunch and another when I am on my way.
• All my phone calls from here on out go to voicemail
• I go there on 9-19-11 and I meet her in person
• She is stating that she was not paying attention to her phone
• At this time, she states that she is not sure of when she is moving out
• But she will move out definitely by Sunday (9-25-11)
• Looking around the apartment, it is fairly clean and well kept (she was living there for 1 month after all)
• We agree that she can hold onto the keys and I ask her to contact me when she knows she is moving out
• She is fairly well-kept and paid all the bills on-time initially, I have no reason to suspect anything
  
• I hear nothing from her throughout the rest of the week
• I give her a call on Thursday (9-22-11) to see what's going on
• It goes to VM, I leave her a msg I will stop by on Sat (9-24-11) afternoon
• On Saturday (9-24-11) I give her a call to let her know that I am on my way
• It goes to VM (surprise, surprise), I leave a msg
  
  Here is where it gets somewhat . . . off?
• I show up, the place is intact; it's clean, no damages, etc.
• It looks like she is in the process of moving out; pots/pans have been cleaned/piled up, some more items organized, etc.
• All her clothes are gone
• I do not see any keys to the apartment at this time
  
  I figure that she may have packed up stuff and may be staying w/ a friend. At this point I give her a call, leave a message and leave the apt since she said she' definitely moving out by the 25th.
  
  I go there yesterday after work (9-27-11) to check up on the place to see if she has moved out. I leave another message on her VM, and head on over after work.
  
  Nothing has been moved since Saturday - at this point, I'm not sure as to what's going on as she moved in only w/ 2 bags and it looks like she has moved out with those items; but there are no keys to be found; however, if she has moved back overseas I see no reason why her phone service would still be active and trigger over to her VM.
  
  I do leave one more msg on the VM, head back, and shoot an email over to her asking her to respond and if there is none we will assume that she has completely moved out at this time and take care of the rest of the items in the apartment.
  
  Technically, she is paid up until the end of the month (September) and as she mentioned she will give her furniture to her friends when I went over on 9-19-11, I am assuming that she gave the keys to her friends to take the rest of the items (they have not); which is completely idiotic and something we can't be responsible for.
  
  THE QUESTION
  I plan on going over tomorrow (9-29-11) after work and changing the locks in the apartment and leaving a note for whomever has the keys to contact us w/o moving any of her items; I did ask her to give me the contact information of her friends if she did give the keys to them, but what can I do as a (intermediary) landlord as far as her stuff is concerned, before/after the month has passed?

 

[Patranus]

Depending on the sate, you may need to keep the property within the apartment safe for a set period of time.

 

[BoomerD]

http://www.chicago-renters-rights.com/

http://www.cityofchicago.org/city/en/depts/dcd/supp_info/rents_right.html

 

[highland145]

I'm sure the info is in Boomer's links but you can't just change the locks assuming there is a signed lease. Read that too.

 

[Schadenfreude]

I'm sure the info is in Boomer's links but you can't just change the locks assuming there is a signed lease. Read that too.

Now, I'm fairly certain that the tenant herself has moved out; and have an email for her intent to do so on the 20th of September.

- I have no intent to deny anyone access, but I certainly do not like the idea of an unknown stranger having complete access to the apartment. If I change the locks on the house and leave my contact information on the door, would that count as denial of access, assuming someone other than the tenant herself has the keys/access to the apt at this time?

 

[highland145]

Now, I'm fairly certain that the tenant herself has moved out; and have an email for her intent to do so on the 20th of September.

- If I change the locks on the house and leave my contact information on the door, would that count as denial of access, assuming someone other than the tenant herself has the keys/access to the apt at this time?

IMO and in S.C., yes, assuming you have a lease. She has not completely vacated and she's paid to 9/30. Wait til 10/1 and see what she does.

Edit: your tag, rights, she has more than you do.

 

[KingGheedora]

It depends on the situation. Did she sign a lease? What are the terms of the lease? Is the apartment rent stabilized, or under any sort of other category that might require special rules?

What country is this girl from?

 

[BoomerD]

From the second link I posted:

(e) Abandonment. Abandonment of the dwelling unit shall be deemed to have occurred when:

(1) actual notice has been provided to the landlord by the tenant indicating the tenant's intention not to return to the dwelling unit, or

(2) all persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit or a period of 21 days or for one rental period when the rental agreement is for less than a month, and such persons have removed their personal property from the premises, and rent for that period is unpaid; or

(3) all persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit for a period of 32 days, and rent for that period is unpaid.

Notwithstanding the above, abandonment of the dwelling unit shall not be deemed to have occurred if any person entitled to occupancy has provided the landlord a written notice indicating that he still intends to occupy the unit and makes full payment of all amounts due to the landlord.

If the tenant abandons the dwelling unit, the landlord shall make a good faith effort to re-rent it at a fair rental, which shall be the rent charged for comparable dwelling units in the premises or in the same neighborhood. If the landlord succeeds in re-renting the dwelling unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to re-rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. The tenant shall also be liable for the reasonable advertising expenses and reasonable redecoration costs incurred by the landlord pursuant to this subsection.

(f) Disposition of Abandoned Property. If the tenant abandons the dwelling unit as described in subsection (e) hereof, or fails to remove his personal property from the premises after termination of a rental agreement, the landlord shall leave the property in the dwelling unit or remove and store all abandoned property from the dwelling unit and may dispose of the property after seven days. Notwithstanding the foregoing, if the landlord reasonably believes such abandoned property to be valueless or of such little value that the cost of storage would exceed the amount that would be realized from sale, or if such property is subject to spoilage, the landlord may immediately dispose of such property.

 

[Schadenfreude]

Awesome link and quote:

Assuming;

A.) that the email is sufficient documentation/notice of intent to vacate (e-1), and the date of the notice was on 9/20, it is okay for me to go and change the locks/get rid of any perishable food, etc. - great!

Thanks!

 

[BoomerD]

Your best (and safest) option is to contact an attorney who specializes in Chicago rental law.

 

[FDF12389]

Awesome link and quote:

Assuming;

A.) that the email is sufficient documentation/notice of intent to vacate (e-1), and the date of the notice was on 9/20, it is okay for me to go and change the locks/get rid of any perishable food, etc. - great!

Thanks!

No. Back up.

Did she sign a lease? What is the exact wording of her email?

 

[Schadenfreude]

No. Back up.

Did she sign a lease? What is the exact wording of her email?

Yes, she did sign a lease.

How are you?
> This is ------ who's renting the apt in downtown Chicago.
> I'm very sorry to tell you that I got out of the Grad program ...
> I'm planning to move out on the 20th because I only get 2week grace period since my student visa status isn't valid anymore.
> I'm going back ... to find a job and support myself so I do desperately need the deposit back. (I wish I didn't..)
....

I removed the superfluous information.

 

[Onita]

Yes, she did sign a lease.



I removed the superfluous information.

IMO, and I'm no lawyer, but the "I'm planning..." is not definite enough.

 

[Schadenfreude]

IMO, and I'm no lawyer, but the "I'm planning..." is not definite enough.

Ack, didn't really re-read the email; I guess you're right.

 

[FDF12389]

IMO, and I'm no lawyer, but the "I'm planning..." is not definite enough.

It's not, especially since:

1. She is current on rent
2. The verbiage of the lease would most likely take precedent over any "perceived" email agreement.

 

[D1gger]

I'm a landlord (among other things). Change the locks. The grief you may suffer if she comes back and calls you in the middle of the night to gain access to her belongings is far less than the grief you will suffer if she gave the keys to some deadbeat who trashes the apartment.

I've been there. Do not give her the benefit of the doubt. Just make sure that you are available to her if she does need to get in before the 1st.

 

[FDF12389]

I'm a landlord (among other things). Change the locks. The grief you may suffer if she comes back and calls you in the middle of the night to gain access to her belongings is far less than the grief you will suffer if she gave the keys to some deadbeat who trashes the apartment.

I've been there. Do not give her the benefit of the doubt. Just make sure that you are available to her if she does need to get in before the 1st.

Tough one. But as soon as he changes the locks she can pop back into the picture and sue him for:

Hotel costs
Escrow
Rent
etc

He needs to get a hold of her.

 

[Aikouka]

When I left my previous apartment early, I had to sign papers stating when I was leaving and stuff like that.

 

[D1gger]

Tough one. But as soon as he changes the locks she can pop back into the picture and sue him for:

Hotel costs
Escrow
Rent
etc

He needs to get a hold of her.

He has done his due diligence with multiple voicemails and emails. She has not responded. He has to protect his property. If he is available to let her in if she calls, and she already has his contact info, she won't have any cause for damages.

 

[KeithP]

From your description, it sounds like you entered the property multiple times without proper notice to the tenant. I guess it would depend on the state but you are probably already in violation of the law.

It also sounds like other than the original lease, you have nothing in writing signed by the tenant about her intentions.

I may be completely wrong, but at this point I think the only way you can be completely legal moving forward is to treat the situation like someone hasn't paid their rent (after the end of the month) and you aren't able to contact them. That probably means certain legal notices have to be sent, with a certain amount of time expired, etc.

Assumption is the mother of all $@ck ups. You should probably contact a lawyer that specializes in this area and have him map out exactly what you need to do.

-KeithP

 

[highland145]

He has done his due diligence with multiple voicemails and emails. She has not responded. He has to protect his property. If he is available to let her in if she calls, and she already has his contact info, she won't have any cause for damages.

She's current on the rent.

<---EX landlord.

Damn low rates are making me look at it again.

Edit: @Keith, S.C. 24 hours, written, to enter.
Edit2: Just call the local magistrate's court.

 

[NetWareHead]

- I have no intent to deny anyone access, but I certainly do not like the idea of an unknown stranger having complete access to the apartment. If I change the locks on the house and leave my contact information on the door, would that count as denial of access, assuming someone other than the tenant herself has the keys/access to the apt at this time?

Is this a violation of any rule in your lease? if she has violated any portion of your lease by doing what she did, the lease may be already void at this point and you can go and take possession of the apartment. All of this depends on your local laws and how you worded your lease.

 

[Schadenfreude]

Is this a violation of any rule in your lease? if she has violated any portion of your lease by doing what she did, the lease may be already void at this point and you can go and take possession of the apartment. All of this depends on your local laws and how you worded your lease.

Righty-o, I will have to review the lease agreement at this time.

Now, assuming that the person that signed the lease is now back (permanently) overseas and the person who has the keys is a 3rd party, what kind of actions/rights can the 3rd party take w/o the tenant's consent? I'm fairly certain the tenant herself has moved out as I've shown up on 9/24 and absolutely nothing has been touched/moved when I went back on 9/27, and the items she moved in with has been moved out at this time.

 

[BoomerD]

Righty-o, I will have to review the lease agreement at this time.

Now, assuming that the person that signed the lease is now back overseas and the person who has the keys is a 3rd party, what kind of actions can the 3rd party take w/o the tenant's consent?

I don't see anything in the links I posted (nor can I find anything in the Illinois statues) that permits the tenant to sub-let, but there MAY be laws that make it legal to do so.

Once again, contact a local attorney who specializes in landlord-tenant law. The penalties for failing to comply with Illinois and Chicago landlord-tenant laws can be severe...and expensive.

Cover your ass.

 

[Schadenfreude]

From your description, it sounds like you entered the property multiple times without proper notice to the tenant. I guess it would depend on the state but you are probably already in violation of the law.

-KeithP

On 9/19 after I called and left messages 2x, I knocked on the door and received permission to enter. I called ahead on 9/22, went over on 9/24 and called on the way and knocked on the door before entering. I also called her on 9/24 when I was there, letting her know that I will return on 9/27 and called on my way as well.