As always, check with your local court or lawyer to confirm. If asking doesn’t work, you actually must serve your unwanted roommate or family member with an Eviction Notice. "I am a sergeant on a police department with over 200 officers. wikiHow is where trusted research and expert knowledge come together. 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. Wait the statutory time period. How do I evict a tenant in Illinois if it is my ex spouse who is not honoring an agreement to pay the mortgage? Obtain service of process. In each instance, the process begins with delivering eviction notices before pursuing legal action in the Local Circuit Court . You can also give a 30 day notice of termination of lease (month-to-month) for no cause. 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. It is a fact. You then must take the summons to the relevant Sheriff's Office. 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. In general, any owner of a property, even a partial owner, has a right to reside at the premises. Have a trial. Reda | Ciprian | Magnone, LLC 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 … In Chicago, you can by a judge's order. Non-written or expiring residential leases usually default to month-to-month terms. They are both fully responsible for the whole amount unless your lease says otherwise. More information he’s my 39 year old son. did they pay rent?) Do you still have to go to court to get them out? 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.". Nope. 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. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Serve the notice. 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. Different notices are needed for these different situations. 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. That is an amount that a judge assigns the defendant to pay because they are using and occupying the space during the eviction process. A landlord must ensure that the reasons for eviction and the steps taken to do so are in compliance with local and state laws. Under Illinois law a tenant’s failure to pay rent within five days of the payment due date is sufficient grounds for eviction. To evict an adult child, you must go through the state's legal eviction procedure. Some appliance items of value remain. Step 4 Visit your local circuit clerk's office and ask for a complaint form for evictions. Can you just “change the locks and lock those family members out? Chicago, IL 60631 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. Have a trial. That’s what would happen if they dispossessed someone with a tenancy. A 5-day notice of eviction is only allowed for failure to pay rent. How can I evict someone that doesn't have a lease? 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. Send a certified letter asking them to leave in 30 days or less. If they don't pay rent then they aren't a tenant. To learn how to take your tenant to court over an eviction dispute, keep reading! How do I evict a family member in Illinois? You have the right to call the police, or go to your courthouse and have an eviction notice served. Paying, nuisance tenants may be removed by a failure to comply with a 7 or 10 day Notice to Comply. 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. Thanks. By signing up you are agreeing to receive emails according to our privacy policy. Trespass is criminal. The information contained on this website is general information, necessarily brief, and may not be complete nor the most current. ", 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. You can either evict them with or without cause. If the family member does not move, file an eviction case. wikiHow marks an article as reader-approved once it receives enough positive feedback. Commercial and residential landlords always have and will continue to have a variety of issues with tenants. Usually, an Illinois 30 day notice is the proper method for terminating such a tenancy. For the full Supreme Court order and the certification form, click here. 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. Obviously, it makes sense to make an attempt to avoid the legal system if possible. It doesn’t matter. While the specifics of those procedures differ among jurisdictions, the basic steps are the same: notice, lawsuit, then eviction by the sheriff. 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. There will be a filing fee. Nonetheless, sometimes there is no choice but to bring an eviction action. Wait for the county sheriff to come out and evict the occupant. My tenants have been evicted through the court system and removed by the sheriff. 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. Mailing address: Clerk of the Circuit Court Richard J. Daley Center 50 West Washington - Suite 1001 Chicago, IL 60602 General Information: 312-603-5030 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. Awesome resource, thank you. (Of course, all fact situations are different, so you always want to consult a landlord on this point). 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. After all, a family-member eviction involves a relative! The landlord cannot change the locks or remove the tenant's property until the Sheriff enforces the Eviction Order.. Reasons a landlord can evict a tenant Serve the notice. Attorneys at Law The police are unlikely to help. 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… Wait for the county sheriff to come out and evict the occupant. 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. Treating your roommate like a … 8501 W. Higgins Suite 440 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. 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. 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. An eviction of a family member would be handled just like any other eviction in Illinois under the forcible entry and detainer statute. If the tenant wins, he or she may use the rental unit until the end of his or her lease term. Note: Governor's Executive Orders affect evictions in Illinois … 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. Obtain service of process. That’s what I’m telling you. 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. The violation of any specific conditions of the lease can also give rise to grounds for eviction. mail or utility bill addressed in their names) are considered tenants in the eyes of the court, with or without a lease. An eviction attorney can sometimes act as a buffer between the property owner and the relative. However, relative evictions can be more complicated because of the emotions of the participants and because sometimes the facts can be convoluted (was there a lease? They don’t want to be sued for a wrongful eviction. 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. Once you file your petition, you must request an unlawful detainer hearing. Some examples of being in breach of the contract include not paying rent, violating pet policies, and damage to the property. 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. Maybe you even sent him or her not-so-subtle email hints with links to find homes for rent. Doing so will allow you to have the most stress-free eviction process possible. 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. You might have asked your relative, nicely, to leave. Certain areas of the state may have additional rules and regulations. Hand-deliver the notice to the tenant or someone who is at the rental unit that is at least 13 years old. 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. 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? I appreciate how to handle this. Are they mine? 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. Determine whether grounds for eviction exist. This provided my officers with all the information, "My mom is getting evicted and I wanted to learn the process of it all. 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. 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. This article was co-authored by Clinton M. Sandvick, JD, PhD. Get an order for possession from a judge. Illinois requires that you provide roommates without a lease a 30-day notice before you begin the eviction. 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. 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. 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 fact that rent was never paid is totally irrelevant. You could try the police, but I doubt you will have much success. To evict a non-paying person, you should give the person a 15-day Notice of Termination of Residence. If you would like to learn more about how to evict a tenant a Free - Illinois Tenant Eviction Process … Do you still have to evict them? How long should I give a tenant to remove their belongings? 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. In most circumstances, the family member is occupying the property under an oral month-to-month tenancy. Theirs been no lawyer involved yet. All three are still responsible for honoring the contract. The landlord can provide notice to require the tenant to pay past due rent, to cure a default, or to vacate the premises. Otherwise, the case will be thrown out of court due to improper service of process, Doctor of Law, University of Wisconsin-Madison. 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? Eviction is civil. 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 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. If the family member is on the deed they can not be evicted, same goes if they are a spouse. 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? 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. 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. Complete the form and attach any documentation you have regarding your roommate's tenancy. Without a written lease, terms usually default to month to month. There are several actions a landlord must take in order to legally evict a tenant in Illinois. % of people told us that this article helped them. Contact Us. It depends on the lease agreement - it can be anywhere from 24 hours to 90 days. Once they have been removed by the sheriff, their stuff is your stuff. 1. read more Send the notice via certified mail with a return receipt requested. Your eviction is a single action for possession and rent is not usually at issue. Tenants in possession of the property with established residency (i.e. 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. The deal was to help him get on his feet as was in prison. Eviction is when a landlord makes a tenant leave a unit. In Illinois, there are three different kind of notices which may be posted: 5-day, 10-day and 30-day. I did let him move in11/2yr ago. Leave the notice on the ground in front of the tenant in cases where the tenant refuses to accept it. Lawyer's Assistant: Has the son talked to an IL lawyer about this? If the family members have a lease, start by delivering a legally correct notice based on the breach. If that family member is a legal owner of the property, the general answer is that person cannot be legally evicted. Wait the statutory time period. How long do they have to get their remaining property removed? 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. It would probably give your relative a nice fat lawsuit against you! (Usually, it is lifestyle, courtesy, house rules, and other non-monetary factors that are the underlying cause of a family member eviction.) Thanks to all authors for creating a page that has been read 228,659 times. The tenant will then have 5 days to pay his or her rent or vacate the property. 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. The landlord can also end a tenancy early if the tenant has used or dealt drugs at the rental unit. 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. Use a 3 or 5 day notice for non-payers. They won't leave and won't pay rent or help with the bills. If you can, stay with family or friends, or go to a shelter. 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 … 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? Monthly leases may be terminated with a 30 day notice of termination of lease for no cause. This article was co-authored by Clinton M. Sandvick, JD, PhD. To learn how to take your tenant to court over an eviction dispute, keep reading! If there is no written lease, you can evict them as a property owner would evict a squatter. If this is … What should I do if I have children and I have been evicted? Illinois law is well settled and clear on this issue. Last Updated: January 13, 2020 This is usually a notice to pay rent within 5 days, but might also be a notice of breach lease. 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. A tenant’s refusal to vacate the premises following the expiration of the lease is also a lawful ground for eviction. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. How do I get them out? The legal system is not a fun place and is not an ideal place for family members to settle disputes. Always consult an attorney before acting. and this can actually make a family member eviction more tricky than the average eviction. Always consult with an experienced eviction attorney when facing such a situation. This article has been viewed 228,659 times. Post Authored by Marvis Barnes The landlord-tenant relationship is bound to be difficult. Check with the County Clerk's Office for the amount to be paid. If you evict with cause, this means they are in breach of the contract. If your family member or friend fails to leave by the requested date, you can then file an eviction petition. In this case, 93% of readers who voted found the article helpful, earning it our reader-approved status. Serve the notice. Yes sir. 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 an adult child who won't leave? 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. Illinois Supreme Court. Trespassers on your property with no established residency should removed by police and served No Trespass papers. The most common reasons have to do with the tenant not paying rent or violating the lease or rental agreement. Not at all. Let’s assume two brothers inherit a house from their parents. 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. It is called "Use and Occupancy." This article will explain to you how to evict a tenant in Illinois. Then, potentially, forcible entry and detainer action if the tenant refuses to leave. Approved. If three adults signed a lease agreement, and one moved out, who is responsible for the rent? Wait the statutory time period. Upon receipt of the summons, the Sheriff will deliver the summons to appear in court to the tenant. 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! You cannot just physically remove them from the property. This website is produced by: Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. The eviction would have also been an eviction of their belongings. Can’t you call the police to throw them out as trespassers? Get an order for possession from a judge. That would be illegal. 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. Post the notice on the door of the rental unit if nobody appears to be living there. Many people find themselves in the position of needing to evict a roommate. Do you have to go through the (horrible, costly, and time consuming) Illinois eviction process to get rid of these family members? Talk to an attorney who will help you draft and send an eviction notice. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. The police deal with criminal matters, not civil matters. 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. Someone with a tenancy is not a trespasser and the tend to police error on the side of caution when its unclear. they needed to handle calls between tenants and landlords concerning evictions. If the family member does not move, file an eviction case. If there is a written lease, you can evict them for a breach of the lease as any other landlord could. If you reach any agreements during this informal discussion, you should make sure to get the details of the resulting agreement in writing. But they never had a lease! 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. Any eviction complaint filed in Illinois must have a certification attached indicating the landlord has followed the Governor's moratorium. If the tenant doesn’t comply, file a complaint with the County Clerk’s Office. Include your email address to get a message when this question is answered. What are Illinois law to evict a family member from my apartment. There could be several potential reasons for a landlord to end a tenancy early. How to evict a family member. In most states, the process for evicting someone who lives with you is quite similar to the process described in the first paragraph. Nothing on this site shall lead to the creation of an attorney client relationship absent a written engagement letter, signed by attorney and client. Send notice of your intent to evict. 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. 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? If you do not live there you have to evict through the courts. Absolutely. Research your local rules and regulations regarding tenant law prior to proceeding with an eviction. Two adult children moved into my home and brought their children along. 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. You let your cousin move in to your Norwood Park bungalow when he lost his job and now he won’t leave? 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. 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. You can evict them both. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. 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. Usually, an Illinois 30 day notice is the proper method for terminating such a tenancy. This is a short court hearing in which you explain the reason for the eviction and present evidence of the prior notices to vacate. 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? This article has been viewed 228,659 times. 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. We use cookies to make wikiHow great. The eviction of a family member is always a bad situation. 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":"