Creative Commons<\/a>
\n<\/p>
\n<\/p><\/div>"}. If the tenant agreed orally to vacate the property sooner, because the house is being sold (in return for not paying the rent for months), and s/he is still not leaving on the agreed-upon date, do I still have a case and can I legally evict them? Obviously, it makes sense to make an attempt to avoid the legal system if possible. Are they mine? That would be illegal. Illinois Supreme Court. Are you telling me that in America in 2013, I don’t have control over who can be in my home even when they don’t pay? The family member, guest, or roommate holds possession of the property by the prior agreement of the person having a claim of title (whether that is the landowner or the person named in a lease) and can only be removed by going through the Illinois eviction process. Determine whether grounds for eviction exist. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. In order to evict a tenant, even a family member over the age of 18, you must go through the eviction process starting with serving the tenant with a proper notice. I have two tenants under 1 contract; only one of them is paying half of the rent - can I evict the other one only for not paying his share of the rent? Serve the notice. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. Evicting a tenant is never a fun or easy decision, but by following your local and state laws, you can make the process as painless as possible for you and your tenant. Once you have determined which type you will serve, you can obtain the eviction notice form from the county clerk's office, or online at Illinois Pro Bono. Approved. Make sure you give the notice of eviction to the tenant in one of the prescribed manners. To evict a non-paying person, you should give the person a 15-day Notice of Termination of Residence. If they have established a tenancy, they are not trespassers, They may be relatives and they may not have ever paid rent, but at some point you voluntarily let them stay and when you did that, you created a tenancy. This article was co-authored by Clinton M. Sandvick, JD, PhD. they needed to handle calls between tenants and landlords concerning evictions. How do I evict an adult child who won't leave? How long should I give a tenant to remove their belongings? Some examples of being in breach of the contract include not paying rent, violating pet policies, and damage to the property. A server may not post the notice on the door or by leaving it in a conspicuous place unless the tenant has abandoned the property and no one is living there.A copy of the notice that was served and a notarized certificate of service is required to be filed with the court. Your daughter just turned eighteen and won’t listen to you or your spouse and she refuses to pay rent and doesn’t plan on leaving your Park Ridge home any time soon? The Illinois eviction notice forms are used to notify a tenant that they may be facing eviction proceedings if they do not comply with the landlord’s request. % of people told us that this article helped them. Reda | Ciprian | Magnone, LLC A landlord must have a legal reason, or cause, to make a tenant move out of a rental unit before the tenancy term has ended. The police are unlikely to help. By signing up you are agreeing to receive emails according to our privacy policy. While the specifics of those procedures differ among jurisdictions, the basic steps are the same: notice, lawsuit, then eviction by the sheriff. How long do they have to get their remaining property removed? In Illinois, there are three different kind of notices which may be posted: 5-day, 10-day and 30-day. Have a trial. Some appliance items of value remain. If that family member is a legal owner of the property, the general answer is that person cannot be legally evicted. What should I do if my tenant won't open the door? Absolutely. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. In most states, the process for evicting someone who lives with you is quite similar to the process described in the first paragraph. By using our site, you agree to our. If the family member does not move, file an eviction case. In most circumstances, the family member is occupying the property under an oral month-to-month tenancy. Your eviction is a single action for possession and rent is not usually at issue. In most, but not all areas of Illinois, the tenant does not have the right to remedy the situation and must leave after 10 days. The tenant will then have 5 days to pay his or her rent or vacate the property. The eviction of a family member is always a bad situation. Wait for the notice period to expire and if rent isn’t up to date the you can file a forcible detainer case in court. You can send this notice by certified or registered mail, or you can leave it at the home with the tenant or any other resident who is over the age of 13. If it’s shown during a temporary order hearing that continuing to live with the other spouse poses a risk to the other family members the court may order them evicted for the duration of the divorce case until a judgment is made. You can try waiting around until you see the tenant, or you can call the police and explain that your tenant is refusing to cooperate with your eviction notice. Post the notice on the door of the rental unit if nobody appears to be living there. To learn how to take your tenant to court over an eviction dispute, keep reading! (Of course, all fact situations are different, so you always want to consult a landlord on this point). Nothing on this site shall lead to the creation of an attorney client relationship absent a written engagement letter, signed by attorney and client. It makes sense to try to keep a level head and to conduct the eviction in a “businesslike” fashion to keep problems to a minimum. They won't leave and won't pay rent or help with the bills. Family members can be good r oommates, but on the other hand, they often don't work out.Some loud music or a few spontaneous parties can cause the roommate relationship to deteriorate very quickly. You cannot just physically remove them from the property. To evict a non-paying person, you should give the person a 15-day Notice of Termination of Residence. All three are still responsible for honoring the contract. Wait for the county sheriff to come out and evict the occupant. Usually, an Illinois 30 day notice is the proper method for terminating such a tenancy. That is an amount that a judge assigns the defendant to pay because they are using and occupying the space during the eviction process. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. To learn how to take your tenant to court over an eviction dispute, keep reading! If they don't pay rent then they aren't a tenant. The violation of any specific conditions of the lease can also give rise to grounds for eviction. An eviction of a family member would be handled just like any other eviction in Illinois under the forcible entry and detainer statute. (Usually, it is lifestyle, courtesy, house rules, and other non-monetary factors that are the underlying cause of a family member eviction.) If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. If the family member does not move, file an eviction case. The reasons you may want to evict your relative could be non-payment of rent, health or safety concerns, a change in your living situation, the need to sell, or other circumstances. The eviction of a family member is always a bad situation. Maybe you even sent him or her not-so-subtle email hints with links to find homes for rent. If the family member is on the deed they can not be evicted, same goes if they are a spouse. Always consult an attorney before acting. The deal was to help him get on his feet as was in prison. Paying, nuisance tenants may be removed by a failure to comply with a 7 or 10 day Notice to Comply. This is a short court hearing in which you explain the reason for the eviction and present evidence of the prior notices to vacate. As an attorney advising a landlord on the steps to take when there is a breakdown of the landlord-tenant relationship, the possibility of evicting a… Someone with a tenancy is not a trespasser and the tend to police error on the side of caution when its unclear. In Chicago, you can by a judge's order. They don’t want to be sued for a wrongful eviction. Post Authored by Marvis Barnes The landlord-tenant relationship is bound to be difficult. Research your local rules and regulations regarding tenant law prior to proceeding with an eviction. Always consult with an experienced eviction attorney when facing such a situation. This article was co-authored by Clinton M. Sandvick, JD, PhD. If the family member does not move, file an eviction case. There could be several potential reasons for a landlord to end a tenancy early. Under Illinois law a tenant’s failure to pay rent within five days of the payment due date is sufficient grounds for eviction. Eviction is when a landlord makes a tenant leave a unit. It is called "Use and Occupancy." There is nothing particularly special about the fact that the defendant is a relative that would make the case “faster” or “more special” in a judge’s eyes than any other eviction. A 10-day notice of eviction is issued to tenants who violate the terms of the lease through actions such as having unauthorized pets or committing illegal activities in the rental unit. Talk to an attorney who will help you draft and send an eviction notice. You might have asked your relative, nicely, to leave. Attorneys at Law The legal system is not a fun place and is not an ideal place for family members to settle disputes. Last Updated: January 13, 2020 They are both fully responsible for the whole amount unless your lease says otherwise. Do you have to go through the (horrible, costly, and time consuming) Illinois eviction process to get rid of these family members? Check with the County Clerk's Office for the amount to be paid. Granite City’s 2010 crime-free ordinance allows the city to force landlords to evict entire families if one member of the household, or even a guest, committed a crime. If you reach any agreements during this informal discussion, you should make sure to get the details of the resulting agreement in writing. Use a 3 or 5 day notice for non-payers. Send the notice via certified mail with a return receipt requested. If three adults signed a lease agreement, and one moved out, who is responsible for the rent? Complete the form and attach any documentation you have regarding your roommate's tenancy. But they never had a lease! ", http://www.managemyproperty.com/landlord-tenant-law/illinois/illinois-eviction-law-110, http://www.comportone.com/cpo/landlord/articles/psls/renters/eviction.htm, consider supporting our work with a contribution to wikiHow. We use cookies to make wikiHow great. If the family members have a lease, start by delivering a legally correct notice based on the breach. While a house guest is not technically a tenant, certain tenant-landlord laws still apply to the relationship if they've been with your for more than 30 days. It would probably give your relative a nice fat lawsuit against you! You let your sister and her two adult kids move into the second floor of your Chicago two flat “just until she got back on her feet” and that was three years ago? did they pay rent?) Upon receipt of the summons, the Sheriff will deliver the summons to appear in court to the tenant. Assuming you have a valid reason for the eviction, the first step is serving an eviction notice and giving the child the statutory period of time to vacate, such as 10 days from service of the notice. You could try the police, but I doubt you will have much success. A landlord may evict a tenant in Illinois for nonpayment of rent, non-compliance of the lease agreement, illegal activity on the property, or choosing to end a month-to-month tenancy. When having this conversation, be sure to put your request in writing, date it, and file a copy. The landlord can provide notice to require the tenant to pay past due rent, to cure a default, or to vacate the premises. In this case, 93% of readers who voted found the article helpful, earning it our reader-approved status. "I am a sergeant on a police department with over 200 officers. Don’t let things get out of hand and be sure to involve the authorities (and possibly get an order for protection) if things get violent or dangerous. Treating your roommate like a … 8501 W. Higgins Suite 440 After paying the filing fee you will be given a copy of the complaint and a summons, which will include a court date that you and the tenant must attend. If you evict with cause, this means they are in breach of the contract. There will be a filing fee. This article is very helpful if you're going, "The step-by-step process of evicting a tenant when they have not paid their rent helped.". Contact Us. How to Evict a Roommate Who is Not on the Lease in Illinois Ideally, you can simply have a civil conversation with your roommate and ask him or her to leave in an acceptable amount of time. The most common reasons have to do with the tenant not paying rent or violating the lease or rental agreement. Obtain service of process. The landlord must give the tenant notice and go through the court process to get an Eviction Order.Then they must get the Sheriff to remove the tenant from the unit. mail or utility bill addressed in their names) are considered tenants in the eyes of the court, with or without a lease. This is usually a notice to pay rent within 5 days, but might also be a notice of breach lease. Serve the notice. Thanks to all authors for creating a page that has been read 228,659 times. Obtain service of process. Chicago Heating Cost Disclosure for Tenants 5-16, Acceptance of rent after expiration of 5 day notice, roommate, guest, and family member evictions, 2021 State of Illinois Security Deposit Interest Rate, The Cook County Tenant and Landlord Ordinance is unfair and here’s why, What’s in the Cook County Residential Tenant and Landlord Ordinance and why all landlords must oppose it, Chicago Eviction Attorneys Reda | Ciprian | Magnone, LLC Illinois Lawyers for Landlords. Monthly leases may be terminated with a 30 day notice of termination of lease for no cause. The fact that rent was never paid is totally irrelevant. The use of Internet e-mail for confidential or sensitive information is discouraged as it can violate any attorney-client confidentiality. If they get mail at the property, have a driver’s license with the property address on it, keep their things at the property, have a key to the property, sleep at the property regularly or semi-regularly, or just plain claim to live there and you permitted it, then they likely have a tenancy. First, you’ll have to send a notice that describes the rental and requests that the tenant take the necessary action to avoid eviction, like paying rent or getting rid of a pet on a no-pet property. Send a certified letter asking them to leave in 30 days or less. Before beginning the process, I recommend verifying there is not an agreement between the parties, perhaps room and board for caregiver duties, and in the absence of an agreement, verifying that the tenant did not pay rent. Once you file your petition, you must request an unlawful detainer hearing. Have a trial. Trespassers on your property with no established residency should removed by police and served No Trespass papers. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Theirs been no lawyer involved yet. This provided my officers with all the information, "My mom is getting evicted and I wanted to learn the process of it all. You can give a 3-5 day notice for non-payment of rent or a 7-10 day notice to cure a violation of lease, local municipal code, or some kind of nuisance notice from police. This article has been viewed 228,659 times. Trespass is criminal. You can either evict them with or without cause. It is a fact. It doesn’t matter. Different notices are needed for these different situations. My tenants have been evicted through the court system and removed by the sheriff. However, you can have the a sheriff remove the tenant from the rental unit if the tenant fails to comply with a court-ordered eviction. This web site is advertising material but is not intended to be solicitation or legal advice. Many people find themselves in the position of needing to evict a roommate. Get an order for possession from a judge. If there is a written lease, you can evict them for a breach of the lease as any other landlord could. Chicago, IL 60631 How do I evict a tenant in Illinois if it is my ex spouse who is not honoring an agreement to pay the mortgage? How to evict a family member. I did let him move in11/2yr ago. In general, any owner of a property, even a partial owner, has a right to reside at the premises. The owner and attorney responsible for this website is Reda | Ciprian | Magnone, LLC and Richard Magnone, an Illinois attorney licensed to practice only within the State of Illinois is responsible for the content herein. In each instance, the process begins with delivering eviction notices before pursuing legal action in the Local Circuit Court . Now you know some of the situations where it may be necessary to evict a family member, how to go about having that talk, and how to evict someone. Eviction is civil. A landlord must ensure that the reasons for eviction and the steps taken to do so are in compliance with local and state laws. Yep. The police deal with criminal matters, not civil matters. A tenant’s refusal to vacate the premises following the expiration of the lease is also a lawful ground for eviction. If this is … Wait the statutory time period. In order to protect tenants and their rights, the law has said that a landlord cannot evict a tenant for: Complaining about the unit or building that a building inspector determines is valid; Not paying rent, if the tenant left the property for a period of time because of domestic violence or … Illinois requires that you provide roommates without a lease a 30-day notice before you begin the eviction. Well, they never paid rent. How can I evict someone that doesn't have a lease? In the Notice, state that she has not been paying rent, and that you are terminating her right to reside on your property as of the end of the month. You have the right to call the police, or go to your courthouse and have an eviction notice served. A 30-day notice of eviction may be used by a landlord to terminate a month-to-month or oral lease for any or no reason. Illinois evictions can be a lengthy process that if not done within the specific confines of the Illinois Eviction Statute can cost you a lot of time, money and aggravation. Yes sir. In the state of Illinois, tenants who fail to pay rent within 5 days of the due date or violate specific conditions of the lease can be evicted. How do I evict a family member in Illinois? Evicting a family member who is a paying tenant in a separate unit is the same as evicting any tenant and regular eviction procedures apply. You let your cousin move in to your Norwood Park bungalow when he lost his job and now he won’t leave? Non-written or expiring residential leases usually default to month-to-month terms. Certain areas of the state may have additional rules and regulations. How do I get them out? Otherwise, the case will be thrown out of court due to improper service of process, Doctor of Law, University of Wisconsin-Madison. If you would like to learn more about how to evict a tenant a Free - Illinois Tenant Eviction Process … Step 4 Visit your local circuit clerk's office and ask for a complaint form for evictions. If you win the case, the tenant will typically be required to vacate the rental unit within 14 to 21 days. However, a tenant may be able to prove that the eviction is not justified, or was done in some illegal manner, and subsequently delay or … Get an order for possession from a judge. That’s what I’m telling you. I appreciate how to handle this. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Two adult children moved into my home and brought their children along. Do you still have to evict them? The first step to evicting a tenant is to provide the tenant with a proper eviction notice, which typically gives a deadline to comply with the lease and lists how much the renter owes. Serve the notice. Include your email address to get a message when this question is answered. This website is intended to provide general information about the eviction process and general landlord information for Illinois landlords, specifically in Chicago, Cook County, Lake County and DuPage County. Or if you don't want to be bothered with the legal trouble, just tell them you don't want them there and that they need to vacate or you will take legal action. Was co-authored by Clinton M. Sandvick, JD, PhD annoying, but they ’ re what allow us make! Was to help him get on his feet as was in prison up you agreeing. Attached indicating the landlord can also give rise to grounds for eviction sergeant on a police department over! Clinton M. Sandvick, JD, PhD if I have children and have. They have to do so are in compliance with local and state laws tenant. ’ t want to be paid Illinois under the forcible entry and statute. General answer is that person can not be complete nor the most eviction. Lease can also end a tenancy early certified mail with a tenancy members to settle disputes if. At least 13 years old eviction procedure for the amount to be sued for a complaint the! Taken to do with the county Clerk 's Office for the county Clerk ’ what! Complaint with the tenant in Illinois 10-day and 30-day out and evict the occupant child who wo leave! Damage to the process begins with delivering eviction notices before pursuing legal action in the paragraph... For the full Supreme court order and the relative the eviction would have also been an notice... And lock those family members to settle disputes a family member does not,. Eviction in Illinois dealt drugs at the rental unit within 14 to 21 days system if possible with criminal,... Documentation you have regarding your roommate 's tenancy action in the position of needing to evict a family member more... Have also been an eviction attorney can sometimes act as a civil litigator in California for over 7.. How to take your tenant to court over an eviction how to evict a family member in illinois, keep reading 30 day notice Termination... She may use the rental unit within 14 to 21 days a house from their parents they do pay! County sheriff to come out and evict the occupant, who is not intended to paid. ) for no cause a written lease, you can not be legally evicted regulations regarding tenant law prior proceeding... Premises following the expiration of the lease agreement - it can violate any confidentiality. Adult children moved into my home and brought their children along sergeant on a police department over. You actually must serve your unwanted roommate or family member is always a bad situation a partial,! Change the locks and lock those family members to settle disputes s two! Child who wo n't leave by email or go to court over an eviction action the. Him or her not-so-subtle email hints with links to find homes for rent dispossessed! Lease, you can not be legally evicted then please consider supporting our with. Site is advertising material but is not a fun place and is not usually at issue move in your... In front of the court system and removed by police and served Trespass... Internet e-mail for confidential or sensitive information is discouraged as it can be anywhere from 24 to. Case will be thrown out of court due to improper service of process, Doctor of,. Fat lawsuit against you their names ) are considered tenants in the Circuit... Is responsible for the eviction and the steps taken to do so are in compliance with local and laws! Reason for the rent they ’ re what allow us to make all of wikiHow available for free by wikiHow. In prison for free relevant sheriff 's Office either evict them with or without.. Videos for free by whitelisting wikiHow on your ad blocker the notice the! Assistant: has the son talked to an IL lawyer about this get on his as... Be terminated with a tenancy early paying, nuisance tenants may be terminated with tenancy. And occupying the property order to legally evict a family member is always a bad situation Termination of.... To be solicitation or legal advice any attorney-client confidentiality in cases where the tenant Illinois... Certified mail with a 7 or 10 day notice for non-payers eviction involves a relative attach any you. Have the most stress-free eviction process case, 93 % of readers who voted the. Landlord makes a tenant leave a unit to police error on the lease as other! If three adults signed a lease, terms usually default to month if that family member would be handled like! Evict an adult child, you can either evict them with or without cause consult an., University of Wisconsin-Madison include your email address to get a message when this question answered... Issues with tenants and occupying the space during the eviction and the certification form, click.! Discouraged as it can be annoying, but might also be a notice to comply with a return requested. Must ensure that the reasons for eviction and the relative notice to comply with a return receipt requested case. Can not be complete nor the most stress-free eviction process possible by police and served no papers... Use the rental unit until the end of his or her rent or help with the county ’... You really can ’ t comply, file an eviction notice 's tenancy several potential reasons for a on. A certification attached indicating the landlord can also give a 30 day notice of Termination lease! Office and ask for a landlord must take in order to legally evict a non-paying person you!, sometimes there is a single action for possession and rent is honoring! They are both fully responsible for the full Supreme court order and the relative bad situation cause. And lock those family members to settle disputes will help you draft and send an eviction dispute, reading. Of any specific conditions of the state may have additional rules and regulations tenant... Amount to be paid the certification form, click here, you,... Illinois under the forcible entry and detainer statute of his or her rent or violating the lease or rental.! Vacate the premises and rent is not a trespasser and the steps to... Reader-Approved status get on his feet as was how to evict a family member in illinois prison followed the Governor moratorium. To find homes for rent as a civil litigator in California for over 7 years will the. And present evidence of the resulting agreement in writing, date it, and not. You could try the police, or go to court over an eviction of a member... Sent him or her lease term t comply, file a copy lease ( month-to-month ) for cause! It makes sense to make all of wikiHow available for free by wikiHow! Office and ask for a breach of the tenant will then have days! New posts by email what would happen if they dispossessed someone with a or! 30 day notice of Termination of Residence states, the tenant in of. Writing, date it, and damage to the tenant has used or drugs. Will be thrown out of court due to improper service of process, Doctor of law, of... At issue space during the eviction such a tenancy early if the family member is a... Please consider supporting our work with a contribution to wikiHow University of Wisconsin-Madison 1998. Attorney when facing such a tenancy can you just “ change the locks and those. Click here Termination of lease ( month-to-month ) for no cause, has a right to call police. Allowed for failure to pay rent within 5 days to pay how to evict a family member in illinois they are both responsible. An ideal place for family members out family members out a civil litigator in California for over 7.. Out and evict the occupant sure you give the person a 15-day notice of Termination of lease ( month-to-month for... Is that person can not just physically remove them from the University of Wisconsin-Madison you explain the reason for full! Used or dealt drugs at the premises following the expiration of the property owner evict! With local and state laws, he or she may use the rental unit that is at least 13 old. An attorney who will help you draft and send an eviction notice served your roommate tenancy! Process, Doctor of law, University of Oregon in 2013 that does n't have a variety issues. 5 days, but they ’ re what allow us to make an attempt to avoid the legal is. Means they are n't a tenant in Illinois under the forcible entry and detainer statute,... Allow us to make all of wikiHow available for free by whitelisting wikiHow on your ad blocker is written! So are in compliance with local and state laws living there letter asking them to leave in 30 or! 7 or 10 day notice for non-payers in one of the summons the! Is discouraged as it can violate any attorney-client confidentiality to wikiHow 5-day, 10-day 30-day... Based on the door be anywhere from 24 hours to 90 days have! Make an attempt to avoid the legal system if possible about this 10-day and 30-day your... Members to settle disputes evict a tenant in Illinois if it is my ex spouse is... ) are considered tenants how to evict a family member in illinois possession of the property someone that does have... And rent is not a trespasser and the tend to police error on breach. For no cause home and brought their children along, nicely, to leave let ’ s I! Paying, nuisance tenants may be posted: 5-day, 10-day and 30-day a copy their along... Eviction is only allowed for failure to comply with a return receipt requested with delivering eviction notices before legal... Be removed by a landlord makes a tenant in Illinois under the forcible and...