"Abandoned residential property" means residential real estate that: (a) either: (1) is not occupied by any mortgagor or lawful occupant as a principal residence; or (2) contains an incomplete structure if the real estate is zoned for residential development, where the structure is empty or otherwise uninhabited and is in need of maintenance, repair, or securing; and (b) with respect to which either: (1) two or more of the following conditions are shown to exist: (A) construction was initiated on the property and was discontinued prior to completion, leaving a building unsuitable for occupancy, and no construction has taken place for at least 6 months; (B) multiple windows on the property are boarded up or closed off or are smashed through, broken off, or unhinged, or multiple window panes are broken and unrepaired; (C) doors on the property are smashed through, broken off, unhinged, or continuously unlocked; (D) the property has been stripped of copper or other materials, or interior fixtures to the property have been removed; (E) gas, electrical, or water services to the entire property have been terminated; (F) there exist one or more written statements of the mortgagor or the mortgagor's personal representative or assigns, including documents of conveyance, which indicate a clear intent to abandon the property; (G) law enforcement officials have received at least one report of trespassing or vandalism or other illegal acts being committed at the property in the last 6 months; (H) the property has been declared unfit for occupancy and ordered to remain vacant and unoccupied under an order issued by a municipal or county authority or a court of competent jurisdiction; (I) the local police, fire, or code enforcement authority has requested the owner or other interested or authorized party to secure or winterize the property due to the local authority declaring the property to be an imminent danger to the health, safety, and welfare of the public; (J) the property is open and unprotected and in reasonable danger of significant damage due to exposure to the elements, vandalism, or freezing; or (K) there exists other evidence indicating a clear intent to abandon the property; or (2) the real estate is zoned for residential development and is a vacant lot that is in need of maintenance, repair, or securing.
15-1200.5.Abandoned residential property.
Article XV. Mortgage Foreclosure · Part 12. Definitions · Last amended 2013 · Last verified July 20, 2026
In one sentenceThis section defines “abandoned residential property” as residential real estate that is unoccupied or an unfinished, empty structure, combined with two or more listed signs of abandonment, or as a neglected vacant residential lot.
Full Text of 735 ILCS 5/15-1200.5
Plain-English Summary
Section 15-1200.5 sets a two-part test. The first part looks at occupancy or completion: the real estate must either not be occupied by any mortgagor or lawful occupant as a principal residence, or, if it is zoned for residential development, consist of an incomplete structure that sits empty or uninhabited and needs maintenance, repair, or securing.
The second part looks for corroborating evidence. Either two or more of eleven listed conditions must be shown, ranging from physical signs (boarded or smashed windows, broken or unhinged doors, stripped copper or fixtures, terminated utilities) to documentary or official signs (a written statement indicating intent to abandon, police reports of trespassing or vandalism in the last six months, a municipal or court order declaring the property unfit for occupancy, a local authority's request to secure or winterize the property, exposure to weather or vandalism danger, or other evidence of clear intent to abandon) and stalled construction with no work for at least six months. Alternatively, if the real estate is zoned for residential development and is only a vacant lot needing maintenance, repair, or securing, that alone satisfies the second part.
The definition traces to the 2011 findings in Section 15-1108 about the harms of abandoned residential property, and it feeds directly into Section 15-1200.7's exceptions and Section 15-1219's cross-reference relaxing the occupancy and improvement requirements for this specific term.
Frequently Asked Questions
What two things must be true for property to count as abandoned residential property?
The property must be unoccupied as a principal residence, or an incomplete, empty structure on residentially zoned land, and either two or more of the listed conditions must exist or, for a vacant lot, none of those conditions are needed at all.
What kind of evidence counts toward the two-condition requirement?
Eleven listed indicators, including boarded or broken windows, broken or unhinged doors, stripped fixtures, terminated utility service, written statements of intent to abandon, police reports of trespassing or vandalism, an official unfit-for-occupancy order, a local authority's request to secure or winterize the property, exposure to danger from the elements or vandalism, stalled construction, or other clear evidence of intent to abandon.
Does a vacant lot qualify as abandoned residential property without those conditions?
Yes, if the real estate is zoned for residential development and is a vacant lot in need of maintenance, repair, or securing, that satisfies the definition on its own.
Does the mortgagee's own knowledge affect whether property counts as abandoned under this section?
The text of this section does not condition the definition on the mortgagee's knowledge; it focuses on the property's condition and the listed evidence.
How does this definition connect to the expedited foreclosure process?
Section 15-1108 explains that an expedited process for abandoned residential property helps courts and neighbors, and this definition supplies the threshold that triggers it.
Amendment History
(Source: P.A. 97-1164, eff. 6-1-13.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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