Illinois law is well settled and clear on this issue. Your eviction is a single action for possession and rent is not usually at issue. The tenant will then have 5 days to pay his or her rent or vacate the property. 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. 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. What are Illinois law to evict a family member from my apartment. Wait for the county sheriff to come out and evict the occupant. Wait the statutory time period. Otherwise, the case will be thrown out of court due to improper service of process, Doctor of Law, University of Wisconsin-Madison. This article will explain to you how to evict a tenant in Illinois. This article was co-authored by Clinton M. Sandvick, JD, PhD. Do you have to go through the (horrible, costly, and time consuming) Illinois eviction process to get rid of these family members? The deal was to help him get on his feet as was in prison. 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. Last Updated: January 13, 2020 Lawyer's Assistant: Has the son talked to an IL lawyer about this? Use a 3 or 5 day notice for non-payers. What should I do if my tenant won't open the door? Nope. You could try the police, but I doubt you will have much success. 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. For the full Supreme Court order and the certification form, click here. Illinois requires that you provide roommates without a lease a 30-day notice before you begin the eviction. 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. % of people told us that this article helped them. Eviction is civil. Serve the notice. If the family member does not move, file an eviction case. Yep. Always consult an attorney before acting. We use cookies to make wikiHow great. 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. If the family members have a lease, start by delivering a legally correct notice based on the breach. wikiHow is where trusted research and expert knowledge come together. Certain areas of the state may have additional rules and regulations. Post Authored by Marvis Barnes The landlord-tenant relationship is bound to be difficult. If asking doesn’t work, you actually must serve your unwanted roommate or family member with an Eviction Notice. Send the notice via certified mail with a return receipt requested. It is called "Use and Occupancy." An eviction of a family member would be handled just like any other eviction in Illinois under the forcible entry and detainer statute. Any eviction complaint filed in Illinois must have a certification attached indicating the landlord has followed the Governor's moratorium. Unlawfully changing locks, cutting off utilities or taking any other self-help remedies intended to evict a tenant is punishable by a fine of $500 per day. There will be a filing fee. The eviction of a family member is always a bad situation. The only way the one who moved out would not be responsible is if ALL parties agreed, in writing, that the one moving out is released from the contract obligations. If the tenant wins, he or she may use the rental unit until the end of his or her lease term. I did let him move in11/2yr ago. they needed to handle calls between tenants and landlords concerning evictions. My tenants have been evicted through the court system and removed by the sheriff. To evict an adult child, you must go through the state's legal eviction procedure. If the family member does not move, file an eviction case. Trespass is criminal. Different notices are needed for these different situations. Get an order for possession from a judge. This is usually a notice to pay rent within 5 days, but might also be a notice of breach lease. If the family member is on the deed they can not be evicted, same goes if they are a spouse. Illinois Supreme Court. By signing up you are agreeing to receive emails according to our privacy policy. In Illinois, there are three different kind of notices which may be posted: 5-day, 10-day and 30-day. How do I evict an adult child who won't leave? If three adults signed a lease agreement, and one moved out, who is responsible for the rent? In fact, there are times when someone who’s been locked out can get the police to force their way back in to the property! If you reach any agreements during this informal discussion, you should make sure to get the details of the resulting agreement in writing. Yes sir. They don’t want to be sued for a wrongful eviction. A landlord must ensure that the reasons for eviction and the steps taken to do so are in compliance with local and state laws. Are they mine? 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. Monthly leases may be terminated with a 30 day notice of termination of lease for no cause. 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. You have the right to call the police, or go to your courthouse and have an eviction notice served. 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. Nonetheless, sometimes there is no choice but to bring an eviction action. All three are still responsible for honoring the contract. There could be several potential reasons for a landlord to end a tenancy early. In Illinois, a landlord can evict a tenant for a number of reasons, including not paying rent or violating a portion of the rental or lease agreement. Once they have been removed by the sheriff, their stuff is your stuff. What should I do if I have children and I have been evicted? 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. 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. Wait the statutory time period. Awesome resource, thank you. If your family member or friend fails to leave by the requested date, you can then file an eviction petition. 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. In Chicago, you can by a judge's order. Trespassers on your property with no established residency should removed by police and served No Trespass papers. 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? Make sure you give the notice of eviction to the tenant in one of the prescribed manners. This article was co-authored by Clinton M. Sandvick, JD, PhD. Nothing on this site shall lead to the creation of an attorney client relationship absent a written engagement letter, signed by attorney and client. But they never had a lease! 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? 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. Have a trial. This web site is advertising material but is not intended to be solicitation or legal advice. Thanks to all authors for creating a page that has been read 228,659 times. 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? A 5-day notice of eviction is only allowed for failure to pay rent. 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. You let your cousin move in to your Norwood Park bungalow when he lost his job and now he won’t leave? 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. Doing so will allow you to have the most stress-free eviction process possible. Attorneys at Law Have a trial. If the family member does not move, file an eviction case. 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 … 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. Upon receipt of the summons, the Sheriff will deliver the summons to appear in court to the tenant. As always, check with your local court or lawyer to confirm. read more 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. The landlord can also end a tenancy early if the tenant has used or dealt drugs at the rental unit. An eviction attorney can sometimes act as a buffer between the property owner and the relative. Serve the notice. I appreciate how to handle this. Approved. did they pay rent?) They won't leave and won't pay rent or help with the bills. Post the notice on the door of the rental unit if nobody appears to be living there. Let’s assume two brothers inherit a house from their parents. Well, they never paid rent. Hand-deliver the notice to the tenant or someone who is at the rental unit that is at least 13 years old. 8501 W. Higgins Suite 440 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 … It depends on the lease agreement - it can be anywhere from 24 hours to 90 days. Eviction is when a landlord makes a tenant leave a unit. That’s what would happen if they dispossessed someone with a tenancy. You can evict them both. Obviously, it makes sense to make an attempt to avoid the legal system if possible. 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 you do not live there you have to evict through the courts. The eviction of a family member is always a bad situation. Obtain service of process. How long should I give a tenant to remove their belongings? It is a fact. If you evict with cause, this means they are in breach of the contract. While the specifics of those procedures differ among jurisdictions, the basic steps are the same: notice, lawsuit, then eviction by the sheriff. mail or utility bill addressed in their names) are considered tenants in the eyes of the court, with or without a lease. The landlord can provide notice to require the tenant to pay past due rent, to cure a default, or to vacate the premises. Some examples of being in breach of the contract include not paying rent, violating pet policies, and damage to the property. How to evict a family member. 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 really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. To evict a non-paying person, you should give the person a 15-day Notice of Termination of Residence. In most circumstances, the family member is occupying the property under an oral month-to-month tenancy. Determining Whether Eviction is the Best Option, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/3\/3b\/Evict-a-Tenant-in-Illinois-Step-1-Version-2.jpg\/v4-460px-Evict-a-Tenant-in-Illinois-Step-1-Version-2.jpg","bigUrl":"\/images\/thumb\/3\/3b\/Evict-a-Tenant-in-Illinois-Step-1-Version-2.jpg\/aid1453129-v4-728px-Evict-a-Tenant-in-Illinois-Step-1-Version-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"