If the family member does not move, file an eviction case. A landlord must ensure that the reasons for eviction and the steps taken to do so are in compliance with local and state laws. Paying, nuisance tenants may be removed by a failure to comply with a 7 or 10 day Notice to Comply. There could be several potential reasons for a landlord to end a tenancy early. You can either evict them with or without cause. Eviction is civil. If your family member or friend fails to leave by the requested date, you can then file an eviction petition. An eviction of a family member would be handled just like any other eviction in Illinois under the forcible entry and detainer statute. 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. If you reach any agreements during this informal discussion, you should make sure to get the details of the resulting agreement in writing. How to evict a family member. This website is produced by: The eviction would have also been an eviction of their belongings. If the family member is on the deed they can not be evicted, same goes if they are a spouse. The police are unlikely to help. The police deal with criminal matters, not civil matters. 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? In this case, 93% of readers who voted found the article helpful, earning it our reader-approved status. Obtain service of process. 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. Once you file your petition, you must request an unlawful detainer hearing. Always consult with an experienced eviction attorney when facing such a situation. 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 general, any owner of a property, even a partial owner, has a right to reside at the premises. Certain areas of the state may have additional rules and regulations. 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. If this is … If the family members have a lease, start by delivering a legally correct notice based on the breach. (Usually, it is lifestyle, courtesy, house rules, and other non-monetary factors that are the underlying cause of a family member eviction.) The fact that rent was never paid is totally irrelevant. An eviction attorney can sometimes act as a buffer between the property owner and the relative. Last Updated: January 13, 2020 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 … You can evict them both. 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. If you would like to learn more about how to evict a tenant a Free - Illinois Tenant Eviction Process … 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. 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. 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. 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? Determine whether grounds for eviction exist. In Chicago, you can by a judge's order. Nothing on this site shall lead to the creation of an attorney client relationship absent a written engagement letter, signed by attorney and client. After all, a family-member eviction involves a relative! If there is a written lease, you can evict them for a breach of the lease as any other landlord could. Obtain service of process. How do I evict an adult child who won't leave? 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. did they pay rent?) 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? Thanks. Hand deliver the letter to your tenant or have it sent via certified mail so you can complete an affidavit stating that you have notified the tenant. It doesn’t matter. The landlord can also end a tenancy early if the tenant has used or dealt drugs at the rental unit. You could try the police, but I doubt you will have much success. Chicago, IL 60631 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. Send a certified letter asking them to leave in 30 days or less. 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. Wait the statutory time period. The information contained on this website is general information, necessarily brief, and may not be complete nor the most current. Note: Governor's Executive Orders affect evictions in Illinois … 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. Thanks to all authors for creating a page that has been read 228,659 times. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. How do I evict a family member in Illinois? mail or utility bill addressed in their names) are considered tenants in the eyes of the court, with or without a lease. 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. If asking doesn’t work, you actually must serve your unwanted roommate or family member with an Eviction Notice. This provided my officers with all the information, "My mom is getting evicted and I wanted to learn the process of it all. As always, check with your local court or lawyer to confirm. Some examples of being in breach of the contract include not paying rent, violating pet policies, and damage to the property. How long do they have to get their remaining property removed? Leave the notice on the ground in front of the tenant in cases where the tenant refuses to accept it. 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. Complete the form and attach any documentation you have regarding your roommate's tenancy. 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. Many people find themselves in the position of needing to evict a roommate. 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. An eviction of a family member would be handled just like any other eviction in Illinois under the forcible entry and detainer statute. 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. This is usually a notice to pay rent within 5 days, but might also be a notice of breach lease. 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. 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. Trespassers on your property with no established residency should removed by police and served No Trespass papers. If three adults signed a lease agreement, and one moved out, who is responsible for the rent? To learn how to take your tenant to court over an eviction dispute, keep reading! Let’s assume two brothers inherit a house from their parents. You cannot just physically remove them from the property. To evict an adult child, you must go through the state's legal eviction procedure. 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. % of people told us that this article helped them. What are Illinois law to evict a family member from my apartment. 8501 W. Higgins Suite 440 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. If the family member does not move, file an eviction case. If you do not live there you have to evict through the courts. To evict a non-paying person, you should give the person a 15-day Notice of Termination of Residence. Serve the notice. Different notices are needed for these different situations. It is a fact. I appreciate how to handle this. You have the right to call the police, or go to your courthouse and have an eviction notice served. 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 legal system is not a fun place and is not an ideal place for family members to settle disputes. they needed to handle calls between tenants and landlords concerning evictions. This article will explain to you how to evict a tenant in Illinois. Have a trial. Wait for the county sheriff to come out and evict the occupant. Without a written lease, terms usually default to month to month. Post Authored by Marvis Barnes The landlord-tenant relationship is bound to be difficult. For the full Supreme Court order and the certification form, click here. They don’t want to be sued for a wrongful eviction. Serve the notice. Make sure you give the notice of eviction to the tenant in one of the prescribed manners. The eviction of a family member is always a bad situation. 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? Well, they never paid rent. Not at all. This article has been viewed 228,659 times. Nonetheless, sometimes there is no choice but to bring an eviction action. Hand-deliver the notice to the tenant or someone who is at the rental unit that is at least 13 years old. You then must take the summons to the relevant Sheriff's Office. Doing so will allow you to have the most stress-free eviction process possible. 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. I have discussed roommate, guest, and family member evictions in the past, however, based on the number of recent questions I receive about Illinois evictions of family members and close relatives, I thought a refresher might be in order. Wait the statutory time period. The use of Internet e-mail for confidential or sensitive information is discouraged as it can violate any attorney-client confidentiality. Theirs been no lawyer involved yet. 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. 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. It is called "Use and Occupancy." What should I do if I have children and I have been evicted? Eviction is when a landlord makes a tenant leave a unit. 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. To learn how to take your tenant to court over an eviction dispute, keep reading! Illinois Supreme Court. Get an order for possession from a judge. 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! It would probably give your relative a nice fat lawsuit against you! 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. More information he’s my 39 year old son. Absolutely. Contact Us. 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. But they never had a lease! What should I do if my tenant won't open the door? wikiHow is where trusted research and expert knowledge come together. Wait the statutory time period. 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. This article was co-authored by Clinton M. Sandvick, JD, PhD. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Once they have been removed by the sheriff, their stuff is your stuff. Get an order for possession from a judge. 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. 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. Lawyer's Assistant: Has the son talked to an IL lawyer about this? This is a short court hearing in which you explain the reason for the eviction and present evidence of the prior notices to vacate. Check with the County Clerk's Office for the amount to be paid. The violation of any specific conditions of the lease can also give rise to grounds for eviction. Yep. The most common reasons have to do with the tenant not paying rent or violating the lease or rental agreement. The landlord can provide notice to require the tenant to pay past due rent, to cure a default, or to vacate the premises. Two adult children moved into my home and brought their children along. Monthly leases may be terminated with a 30 day notice of termination of lease for no cause. 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. Send notice of your intent to evict. 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. Usually, an Illinois 30 day notice is the proper method for terminating such a tenancy. It depends on the lease agreement - it can be anywhere from 24 hours to 90 days. I did let him move in11/2yr ago. ", 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. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. 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. Tenants in possession of the property with established residency (i.e. Serve the notice. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Always consult an attorney before acting. There are several actions a landlord must take in order to legally evict a tenant in Illinois. We use cookies to make wikiHow great. Wait for the county sheriff to come out and evict the occupant. In each instance, the process begins with delivering eviction notices before pursuing legal action in the Local Circuit Court . Illinois requires that you provide roommates without a lease a 30-day notice before you begin the eviction. If they don't pay rent then they aren't a tenant. How long should I give a tenant to remove their belongings? Upon receipt of the summons, the Sheriff will deliver the summons to appear in court to the tenant. Usually, an Illinois 30 day notice is the proper method for terminating such a tenancy. 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. 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.". Trespass is criminal. "I am a sergeant on a police department with over 200 officers. 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. 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. Awesome resource, thank you. In Illinois, there are three different kind of notices which may be posted: 5-day, 10-day and 30-day. When having this conversation, be sure to put your request in writing, date it, and file a copy. The eviction of a family member is always a bad situation. 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. Research your local rules and regulations regarding tenant law prior to proceeding with an eviction. 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