If your family member or friend fails to leave by the requested date, you can then file an eviction petition. They typically don’t get involved in the middle of a family member dispute unless a criminal act (like an assault or battery) takes place. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. If there is no written lease, you can evict them as a property owner would evict a squatter. An eviction attorney can sometimes act as a buffer between the property owner and the relative. This article has been viewed 228,659 times. In Chicago, you can by a judge's order. Do you have to go through the (horrible, costly, and time consuming) Illinois eviction process to get rid of these family members? 8501 W. Higgins Suite 440 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. Nothing on this site shall lead to the creation of an attorney client relationship absent a written engagement letter, signed by attorney and client. Mailing address: Clerk of the Circuit Court Richard J. Daley Center 50 West Washington - Suite 1001 Chicago, IL 60602 General Information: 312-603-5030 A tenant’s refusal to vacate the premises following the expiration of the lease is also a lawful ground for eviction. The most common reasons have to do with the tenant not paying rent or violating the lease or rental agreement. 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. 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. By signing up you are agreeing to receive emails according to our privacy policy. Thanks to all authors for creating a page that has been read 228,659 times. "I am a sergeant on a police department with over 200 officers. Serve the notice. Some examples of being in breach of the contract include not paying rent, violating pet policies, and damage to the property. Nonetheless, sometimes there is no choice but to bring an eviction action. Service of the Illinois eviction notice may be accomplished by personal service on the tenant, on a subtenant who is at least 13 years of age, or by certified or registered mail. 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. Are they mine? You have the right to call the police, or go to your courthouse and have an eviction notice served. The violation of any specific conditions of the lease can also give rise to grounds for eviction. 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? read more and this can actually make a family member eviction more tricky than the average eviction. Use a 3 or 5 day notice for non-payers. Eviction is civil. It would probably give your relative a nice fat lawsuit against you! wikiHow is where trusted research and expert knowledge come together. Obtain service of process. 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. If the tenant wins, he or she may use the rental unit until the end of his or her lease term. Wait the statutory time period. The fact that rent was never paid is totally irrelevant. Get an order for possession from a judge. It depends on the lease agreement - it can be anywhere from 24 hours to 90 days. How do I evict a tenant in Illinois if it is my ex spouse who is not honoring an agreement to pay the mortgage? If you reach any agreements during this informal discussion, you should make sure to get the details of the resulting agreement in writing. If this is … The eviction of a family member is always a bad situation. they needed to handle calls between tenants and landlords concerning evictions. Post Authored by Marvis Barnes The landlord-tenant relationship is bound to be difficult. It doesn’t matter. Doing so will allow you to have the most stress-free eviction process possible. This website is produced by: More information he’s my 39 year old son. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Send the notice via certified mail with a return receipt requested. The police deal with criminal matters, not civil matters. Illinois law is well settled and clear on this issue. If asking doesn’t work, you actually must serve your unwanted roommate or family member with an Eviction Notice. Non-written or expiring residential leases usually default to month-to-month terms. 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. Lawyer's Assistant: Has the son talked to an IL lawyer about this? In this case, 93% of readers who voted found the article helpful, earning it our reader-approved status. There are several actions a landlord must take in order to legally evict a tenant in Illinois. Once they have been removed by the sheriff, their stuff is your stuff. Two adult children moved into my home and brought their children along. There could be several potential reasons for a landlord to end a tenancy early. Yes sir. Usually, an Illinois 30 day notice is the proper method for terminating such a tenancy. 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. This article has been viewed 228,659 times. Have a trial. If the family member does not move, file an eviction case. Serve the notice. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. 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. What are Illinois law to evict a family member from my apartment. Have a trial. 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. To learn how to take your tenant to court over an eviction dispute, keep reading! 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. 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. % of people told us that this article helped them. 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. 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. Different notices are needed for these different situations. To learn how to take your tenant to court over an eviction dispute, keep reading! Step 4 Visit your local circuit clerk's office and ask for a complaint form for evictions. So, you let your grandson move in to your home in Addison, Illinois after his last stint in rehab and he has now relapsed and is back on drugs and living in your basement with his girlfriend? You can evict them both. A 5-day notice of eviction is only allowed for failure to pay rent. They won't leave and won't pay rent or help with the bills. Check with the County Clerk's Office for the amount to be paid. In most circumstances, the family member is occupying the property under an oral month-to-month tenancy. Leave the notice on the ground in front of the tenant in cases where the tenant refuses to accept it. But they never had a lease! Hand-deliver the notice to the tenant or someone who is at the rental unit that is at least 13 years old. To evict an adult child, you must go through the state's legal eviction procedure. 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. wikiHow marks an article as reader-approved once it receives enough positive feedback. We use cookies to make wikiHow great. The eviction of a family member is always a bad situation. 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 legal system is not a fun place and is not an ideal place for family members to settle disputes. The tenant will then have 5 days to pay his or her rent or vacate the property. 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. Obtain service of process. If there is a written lease, you can evict them for a breach of the lease as any other landlord could. (Of course, all fact situations are different, so you always want to consult a landlord on this point). Wait the statutory time period. 1. 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. 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! 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 might have asked your relative, nicely, to leave. I did let him move in11/2yr ago. 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. Under Illinois law a tenant’s failure to pay rent within five days of the payment due date is sufficient grounds for eviction. That is an amount that a judge assigns the defendant to pay because they are using and occupying the space during the eviction process. Note: Governor's Executive Orders affect evictions in Illinois … 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. Talk to an attorney who will help you draft and send an eviction notice. If they don't pay rent then they aren't a tenant. If you win the case, the tenant will typically be required to vacate the rental unit within 14 to 21 days. Illinois Supreme Court. Certain areas of the state may have additional rules and regulations. Any eviction complaint filed in Illinois must have a certification attached indicating the landlord has followed the Governor's moratorium. By using our site, you agree to our. Do you still have to evict them? 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? If the tenant doesn’t comply, file a complaint with the County Clerk’s Office. Attorneys at Law 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. 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. Someone with a tenancy is not a trespasser and the tend to police error on the side of caution when its unclear. They don’t want to be sued for a wrongful eviction. The use of Internet e-mail for confidential or sensitive information is discouraged as it can violate any attorney-client confidentiality. How do I evict a family member in Illinois? Upon receipt of the summons, the Sheriff will deliver the summons to appear in court to the tenant. Make sure you give the notice of eviction to the tenant in one of the prescribed manners. Monthly leases may be terminated with a 30 day notice of termination of lease for no cause. Do you still have to go to court to get them out? You then must take the summons to the relevant Sheriff's Office. 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. Some appliance items of value remain. Thanks. 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? Determine whether grounds for eviction exist. How long should I give a tenant to remove their belongings? If the family member is on the deed they can not be evicted, same goes if they are a spouse. Illinois requires that you provide roommates without a lease a 30-day notice before you begin the eviction. Get an order for possession from a judge. The landlord can also end a tenancy early if the tenant has used or dealt drugs at the rental unit. 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. You could try the police, but I doubt you will have much success. This article was co-authored by Clinton M. Sandvick, JD, PhD. 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. Let’s assume two brothers inherit a house from their parents. You can also give a 30 day notice of termination of lease (month-to-month) for no cause. 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