Chicago, IL asked in Landlord - Tenant, Foreclosure, Real Estate Law and Civil Rights for Illinois

Q: Disposal of tenants personal property after eviction but no order/notice as to the tenants property, not abandoned

After foreclosure, tenants not parties to foreclosure and no notice to lis pendens. Previous owners to mortgage never found. Tenants of 5 years on property. Day of eviction order, clearly are loading up their belongings and in process of moving but don't have everything out yet, landlord disposes of numerous personal property of tenants the same day as the order. No order was made regarding the personal property of tenants. Illinois Coles county

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Illinois, landlords must follow specific procedures when evicting tenants, even after a foreclosure. If you were evicted without proper notice regarding your personal property, the landlord may not have the right to dispose of your belongings immediately. Typically, landlords are required to give you notice and a reasonable amount of time to retrieve your possessions before taking any action to remove or discard them.

Since you were a tenant for five years, you likely have certain protections under state law. The foreclosure process does not automatically terminate your lease, and you should have been notified of any changes in ownership or your rights as a tenant. If the previous owners were never found, it complicates the situation, but your rights to your personal property remain intact until proper legal procedures are followed.

It would be beneficial to consult with a local attorney who can provide guidance based on the specifics of your case. You may also consider reaching out to tenant rights organizations in Coles County for support. Taking these steps can help ensure that your rights are protected and that any improper disposal of your belongings is addressed appropriately.

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