Roommate, guest, and family member evictions in Illinois

What happens when good roommates go bad?  What happens when boyfriend and girlfriend break up?  What happens when a guest overstays its welcome?  What happens when children grow up to be jobless adults?  What happens when the people who live with these people or have control over the property they occupy want them to move out?  I regularly receive calls related to family, guest, and roommate evictions.  The people who call me are regularly surprised to find out that they do not have a right to just change the locks on the child or to call the police and have the roommate arrested for trespass. (Here’s a refresher on this article)

“But the roommate is my ex-girlfriend and she never signed a lease” a caller protests.  It doesn’t matter.  “I just let him in to get back on his feet and he said he would move out”.  It doesn’t matter.  “My daughter is an adult now, but she refuses to pay rent”.  It doesn’t matter.  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.

Illinois law is well settled and clear on this issue.  Long ago, the common law provided that a property owner could forcibly eject people who were no longer welcome on the owner’s property.  This could (and did) lead to a disturbance of the peace and possibly the injury or death of the (former) tenant.  As a result, states enacted eviction laws.  The Illinois forcible entry and detainer act was established to provide a lawful and peaceful framework for the removal of people from real property.  The Illinois law puts it like this:

…no person has the right to take possession, by force, of premises occupied or possessed by another, even though such person may be justly entitled to such possession. The forcible entry and detainer statute provides the complete remedy at law for settling such disputes. Persons seeking possession must use this remedy rather than use force. Ross v. Youngman (1906), 125 Ill.App. 494, 496, citing Phelps v. Randolph (1893)

What about calling the cops and having the no-longer wanted tenant removed as a criminal trespasser?  More often than not, a call to the local police will not result in the expulsion of a guest, roommate, or a family member from a property.  The Forcible Entry and Detainer Act applies to the police as well as landlords and a police officer who removes a person who maintains possession upon the apparent agreement of some person with authority to grant access can be subject to claims of civil rights violations. As a result, a roommate, guest, or family member who can show that they were “allowed” possession of a property will likely not be removed as a criminal trespasser by the police.

So, what is a person to do to get a guest, roommate, or family member out?  They must terminate the right of possession of the unwanted guest, roommate, or family member.  Although factual situations can vary greatly (consult an attorney about yours!), this is usually done by way of a thirty day notice to terminate a tenancy.  After the thirty day notice expires, if the occupant is still in possession, an eviction lawsuit can be filed.

Does this process take a long time?  Can it be costly?  Is it a huge hassle?  Yes, yes, yes.  It is also the only option when it comes to evicting an unwanted occupant who had possession by either real or apparent permission.

This entry was posted in Eviction, Thirty Day Notice. Bookmark the permalink.

95 Responses to Roommate, guest, and family member evictions in Illinois

  1. Louis says:

    Thought it was a notice for immediate possession?

    • Richard Magnone says:

      The determination can be very fact specific. In general, if a family member, guest, or roommate was voluntarily given possession, the practice in Cook County is a 30 day notice. Every situation is different, so be sure to consult an attorney before acting.

  2. Wendy Hermann says:

    We want our 20 yr old daughter to leave. She has a full time job and is a full time student. She does not pay rent nor does she help cover any of the utilities. She has total disregard for our rules and does as she pleases. I have wanted her to move out since she turned 18. Her father finally agreed with me as of last weekend, that she needs to go. How do we go about this in the least amount of time and the least amount of money? Your help would be greatly appreciated.

    • Richard Magnone says:

      Family member evictions can be complex. I can’t provide legal advice online here on how to handle it, but you are free to give us a call and we can see if we are a match for an engagement.

      • Wendy Hermann says:

        I located a 30 day eviction notice online, filled it out and posted it on her bedroom door. I heard her take it off of her door. The next day, I had a copy of the notice notarized. This was done on New Years Eve. Currently, she is packing up her things and throwing out her unwanted items. Looks like she understands that we mean business. Hopefully the next 4 weeks will go smoothly and she will be out peacefully at the end of the month. If not, I will consider contacting you. We live in Streamwood. Would we be able to meet outside of Chicago? I can’t stand and get panicky when driving in the city.

  3. Jeffery Riggs says:

    Grandmother has passed away less than two months ago. Grandmother has no will. There are three siblings to handle the affairs of her estate. The problem is one of the siblings’ daughter has been living, with her husband and kids, in the house for the last 13 years. They have not paid any rent or utilities for the past 13 years. They do not have jobs and two of the siblings want them out. What are our options.

    • Richard Magnone says:

      Jeffery, the answer to your question will depend on a number of factors – the location of the property, the location of the probate proceedings (if any), the circumstances surrounding the tenancy, and a myriad of other facts. Your short message does not give me enough information to provide an answer that you can consider legal advice.

      In general and in my experience, the probate court judges in Cook County prefer that any “eviction” matters be handled in the eviction courts. (The Illinois Probate Act does provide a mechanism for probate judges to deliver possession to an estate personal representative, but, in my experience, this power is rarely exercised. Instead, most Cook County “family member” evictions related to a probate estate end up in the Forcible Entry court.

      There are so many factors that could influence an answer that I believe it would be best for you to consult with an attorney directly on this matter. Our firm handles both probate and eviction law issues. If you are interested in discussing this situation to see if we are a match to represent you, please feel free to contact me at 773-399-1122.

  4. Heather Shaver says:

    My father in-law passed away last week. My husband is the executor of the estate.We filed the Will last week in Clinton County. My brother inlaw is living in the house and has already admitted to selling some things. When we went to the house last week to pick up items that my husband as the executor can give to his siblings or the grandchildren, his brother had already removed most of the items we were going to take to pass down to the grandchildren. He is not paying any of the bills in the house as they were all in my father inlaws name, and he lives like a pig. Which would make it hard to put the house on the market to sell. My brother inlaw and sister inlaw have done damage to a previous property that was rented for them and we are worried that this will happen again. We have left a message for the attorney who drafted the will and are waiting to hear back from him. I need to find out how quickly we can have him removed from the property before he destroys it and removes more items…. He has even taken my father inlaws Air Force ring, so we couldn’t bury him with it. This is such a sad situation.. Any help you can provide would be appreciated.

    • Richard Magnone says:

      You need to hire an attorney who handles probate and real estate related matters in Clinton County asap. You have lots of issues there and a blog post is not a good place to begin to work on them. I do wish you much luck!

  5. Sonja says:

    My boyfriend is currently threatening to kick me out because I have not helped pay rent due to hospitalization and unemployment. He is telling me he will change the locks and his new girlfriend is moving in. I have no family here and the new job I will be starting will not pay enough for me to rent on my own. I am looking for a second job actively, my name is on the lease. Can he force me to be homeless? Im scared.

    • Richard Magnone says:

      Sonja – you have a very serious issue to deal with. Our firm does not represent tenants in evictions and you should consult with an attorney who handles tenant issues at once. There is a procedure for terminating a tenancy where there is no lease and occupants under such tenancies can be removed by following the process. Consult a tenant’s rights attorney to learn and protect your rights as soon as possible.

  6. Amanda says:

    My mother passed away 10 months ago. In her will her house goes to me and I am the executor of the will. I do not live in Illinois due to being active duty military. Currently the house is in probate. My sister, along with her boyfriend and her two kids, and my handicapped uncle lived there before my mom passed. My sister and I do not want her boyfriend to live there anymore due to a variety of reasons. He doesnt have a job, he doesnt pay anything towards the house, and he is abusive. She told him to leave, but she wants to make sure he doesnt use the fact that he did (or use to) receive mail there or that he had lived there for 30 days to be an excuse for him to come back unwanted. He has been gone from the house for 2 weeks. What are my options?

    • Richard Magnone says:

      The rules for terminating a tenancy are universal regardless of a probate estate. It sounds the proper party to bring the case right now might be the estate and it would probably be based on a 30 day notice to terminate a tenancy. Without knowing more facts and having the opportunity to ask you some pointed questions, I can’t guarantee that this is the way to proceed though. Please feel free to give us a call for a consultation. (This is not legal advice)

  7. MARTIN says:

    My gay partner and I have owned a two-flat for 15 years in Suburban Cook County and have lived upstairs while my partner’s sister and her husband have been living downstairs for about the past two years. The downstairs utilities are in their names and they each pay us rent 50 – 50 when they can without a written lease. The husband, however, pays us his portion of the rent more sporadically. He is now 3 1/2 months behind. Can we issue him a 30 day notice while allowing the sister to stay ? The sister would like to see her husband go as well because she cannot afford a divorce at the present time.

    • Richard Magnone says:

      That’s a complex problem and I can’t answer without more facts. Feel free to give our office a call and we can see if we can point you in the right direction and if we are a match for an engagement to represent you.

      • Martin says:

        Thank-you for answering so quickly. We are hoping that our brother-in-law has taken our threat to evict him seriously. We will know in the next few days. Otherwise, we will be contacting you by the middle of August.

  8. Chrisy says:

    I have my brother currelty staying with me. I agreed to let him stay here if he pays half of the bills. He has now decided to not pay any thing even though he does have a job and money saved. He is not on the lease. We live in lake county. How can i get him to leave asap?

    • Richard Magnone says:

      You can get him to leave, but it probably won’t be as “asap” as you like. If the local police will not remove him as a trespasser (they likely will not because you voluntarily allowed him to come and live with you), then you have to do some calculus to determine if you have an oral lease with your brother that established rent. I don’t have enough facts from you to determine that. If there is no enforceable oral lease, then your brother has a “tenancy” which can be terminated with the service of a properly prepared and served 30 day notice. After the notice expires, you can file a forcible entry and detainer suit to remove him with a court order and the help of the Lake County Sheriff. As you have not engaged us to represent you and because I don’t know all of your facts, this information is general and does not constitute legal advice.

  9. Andrew says:

    I have moved back in with my mother as of June. She has been diagnosed with bipolar disorder and depression so she has plenty of mood swings. Currently she is on a low and demands that I move out by August 18th. I have nowhere to go and have been looking for an apartment but nothing with open up until the first of the month. I have established residency there with an Illinois dl and change of address. Does she have rights to boot me out by the 18th or does it require a 30 day notice?

    • Richard Magnone says:

      Andrew, as you probably know from our website, we don’t represent tenants in evictions. That said, some form of a notice of termination of tenancy is probably required (7 day, 30 day, etc.) depending on the facts of your situation. Without hearing more, I doubt she can evict you at this time, but you should consult with a tenant’s rights attorney to be sure.

  10. Mary Campus says:

    My brother (age 62) has been living with mom in her house for over 10 years. She recently was hospitalized and can not care for herself and will be living with me. My brother needs to move so that my mother can sell her property. He will not move out. What can we do?

    • Richard Magnone says:

      I don’t know all of your facts in enough detail to provide legal advice, but, generally, a property owner with a guest who does not pay rent but resides in a property has the right to serve a 30 day notice to terminate the tenancy and can then evict if the guest does not leave.

  11. Gela says:

    Tell that to the Chicago police who put me out at 11 pm from the apt i was staying at (and had all my things in) with my bf.. The police-who told me i had to leave or be arrested. THEN when i told them they were illegally evicting me- they laughed and told me to get a lawyer. The guy took all my stuff btw- and eff the Chicago police. They dont know nor care about the law.

    • Richard Magnone says:

      Obviously, I am not privy to all of the facts of your situation, but it sounds like you have a serious issue on your hands. Contact a tenant’s rights attorney to get some help as soon as possible. I wish you much luck.

  12. Tom says:

    I have a friend, who is on disability due to mental health issues. She was basically kicked out by a previous roommate. I brought her in to stay temporarily she plans to eventually move in with family out of state. I as the lease signer have continued to pay the rent in full each month. The landlord has known she was staying for over a month and I was told he would be in touch with me regarding her status. Now I am being threatened with eviction if she don’t leave sooner rather than later and complaints of smoking (I only smoke outside) and too much noise from my apartment, admittedly we have had 2-3 disagreements largely a result of her bi polar disorder. She will be vacating soon on her own, but maybe rushed faster than we planned. Can the landlord force her out? Can I be evicted for having a guest staying in my place? Thank you.

    • Richard Magnone says:

      Well, I have not reviewed your lease, but it IS possible that if there is a material breach of the lease that a landlord can serve a 10 day notice as a result of things like excessive noise, smoking, or an unauthorized guest/visitor. You need to contact a tenant’s rights lawyer who can provide advice on your lease (and quick).

  13. Kelly says:

    My roommate has had her family members stay with us for the past couple of months. She has made it clear to them that they have overstayed their welcome, and yesterday a physical fight resulted from a verbal argument. Though they argue constantly (in a language i dont understand), this was the first time I felt the need to step in to keep what bit of safety was left my home. Is there anything I can do as far as my own rights living in the apartment? I currently am not on a lease, but within 14 days our lease will be up and my roommate and I have already signed a new lease together for the coming year. As a leasee of the new apartment, If i do NOT want them to reside or enter the home as ‘guests’ for overnight stay, what are my rights?

    • Richard Magnone says:

      Kelly, this is a complicated situation to be sure. Your roommate probably created a “tenancy” for the family members when they were allowed to stay in the apartment. That tenancy probably needs to be properly terminated by an appropriate person and, if necessary, those occupants evicted.

      In addition, if you feel threatened in any way, you should contact the police and could possibly get an order for protection. We don’t handle those sorts of matters, so my best suggestion is that you contact someone who does.

      I don’t have enough facts from your message to provide legal advice upon which you can rely, however, I would be happy to discuss the matter with you to see if we are a match to represent you.

  14. Lanette says:

    I’m in the middle of an eviction w/my tenant. there’s 4 other people staying there , not on the lease, and they are all destroying my home & property as well. Do the “squatters” have any rights in this eviction since their NOT on the lease?

    • Richard Magnone says:

      Being on a lease is not required for an occupant to be afforded rights in an eviction or for an occupant to establish a tenancy. I don’t have enough facts to know about the “squatters” in your case, however, in many cases, people who are not on the lease but who “live at” the premises have a tenancy and do have rights in an eviction. I don’t know enough to say whether or not your “squatters” have a tenancy, but it is possible. You indicate you are in the middle of your eviction already, so it is important to consult with an attorney so you can understand your rights and obligations.

  15. Joseph says:

    I rent a 2 bedroom apartment and allowed a person to move in. My lease states that I may only have a guest for 30 days, they are not on the lease. My landlord wants them to move out, so do I.
    They don’t pay rent or bills here. They do use food stamps to buy food, although this is not there residence for the benefits. They assert that that gives them the right to stay. They have been here over 30 days and have a key to my home. What options for eviction do I or the landlord have?

    • Richard Magnone says:

      Joseph, this is a complex situation. Depending on the facts, you could be in breach of your own lease and subject to eviction yourself. In such a case, the landlord might evict you and the other occupant. In addition, depending on the facts, it is possible that you would be considered the “landlord” for the person you moved in. In such a case, you might give the tenant an eviction notice to pursue them. I don’t know enough of the specifics to go much further, so this is not legal advice you can rely upon. If you are interested in getting some help with the matter, please give us a call and we can see if we are a match for an attorney-client relationship.

  16. Nicole says:

    I have a townhouse that has my name on the mortgage. I pay the mortgage and bills every month. Two years ago I advertised for a roommate and found one to move in. We did not sign a lease or anything. It has all been verbal. I allowed him to bring his dog with the understanding that the dog was housetrained and obedinant. He has been inconsistant with paying rent on time. The police have been to my house because he told a friend that he wanted to kill himself and this friend called the police. It was horrible the police searched my house looking for a gun at 2 in the morning. I lowered the rent in hope of him paying in a timely fashion. That has helped a somewhat. About a month ago his dog has begun peeing in the house. I have asked him to take care of the dog (ie go to the vet etc.) We are having numerous arguements about this and it is time for him and his dog to go. I do not want to have to replace things because the dog is peeing all over it.
    This is not a healthy living situation for any of us. I have asked him nicely and he has refused saying he has no where to go and I am going to have to force him to leave. I live in Elgin, IL (Kane County) What do I do and where do I start? I don’t have alot of money.

    • Richard Magnone says:

      Well, there’s a lot in there, so this is tough to tackle via message. If someone came to me with these facts, I would want to see whether or not there was any written lease. If there is no lease, the most direct way to remove the roommate would probably be to serve a 30 day notice and to bring an eviction action if the tenant failed to leave. Without knowing more facts, it is hard to explore some of the other options that might be available to a landlord. You definitely need to find yourself some help in Kane County who can advise you on your direct situation.

  17. Sedoni says:

    So I been staying with my half- brother, along with my brother and mother. We do not pay rent due to the house being in forecloser, however we do have the gas in my mother name and been helping paying on that. And we buy over 300+ dollars of food along with some other bills when needed (like 300 dollars for a new pipe etc…). Now they want to whine about we are not helping them, and today a verbal fight erupted. Now they want us out, I don’t have anywhere to go now, but by next month my place should be ready. My question is can they just kick us out? Or no?

    • Richard Magnone says:

      A landlord in Illinois never has the right to “self-help”. That means that no landlord can legally just throw a tenant and their stuff out nor can they change locks or terminate utilities.

      Do they? Sometimes. Is it legal? Never.

      The eviction “process” is just that – a process. When conducted legally, it involves notice, paperwork, and court. We don’t represent tenants in evictions. Losing possession, however, is no joke and you need to get some advice from a tenant’s rights attorney right away.

  18. I have a mortgage on a condo that I have lived in for 6 years. Last December, I allowed by girlfriend to move in. She has never paid rent or was required to do so. She has probably paid towards utilities approximately 5 times. She has no financial responsibility to the property. The relationship has deteriorated. I want her to leave. She will not leave voluntarily. I tried to make her leave approximately 2 months ago. She flagged down an officer and they told me to go through the process. Can I just download a 30day eviction form, get it notarized and give it to her? Do I have to file paperwork with the City of Chicago? I do not know and I have limited funds.

    • Richard Magnone says:

      If you don’t have an attorney and don’t want to hire one, you can find lots of information here on this website and elsewhere on the web that will walk you through the process. Evictions are handled through the county court system though and not the City of Chicago. If you qualify, you might be able to get help from one of the legal aid clinics like Chicago Volunteer Legal Services or Legal Assistance Foundation.

  19. Bill Carson says:

    My now ex-girlfriend has lived with me off and on for the past 4 years. She’s lived here for the last 1.5 years straight. Never paid rent or contributed toward the household budget. I own the condo we live in, and while there’s never been a lease, there is paperwork with our association saying she receives mail here.

    I’ve seen information on 30 day eviction notices, and I’d be fine with that except she’s the type who could turn destructive on the property. Is there any way to speed up the process? Or should I just make sure all my stuff is insured?

    – Bill

    • Richard Magnone says:

      Bill, the 30 day notice is the only way I know of to terminate an oral month-to-month tenancy. I don’t have enough facts to know if that’s what she has, but if it is, that’s the only legal way in Illinois short of getting her to voluntarily vacate.

  20. Anthony says:

    I have a tenant on month to month lease in Chicago and want to give her a 30 day notice. What is the best way to go about serving her and how should the notice read?

  21. Melissa says:


    I live with my disabled mother and have since the day I was born. My brother, the mother of his children and their children live in the coach house of our house. My brother is a lie. A cheat and an overall immoral person. He’s fraudulent in every aspect of his life but that’s another story. Anyway, after a falling out of him and his children’s mom, my mom asked him to move out. He said he would, began packing and left. He then came back and asked the mother of his kids to leave the coach house so he could come in and pack; and instead of moving out, he decided to stay. Long story short, an argument broke out and the police were called.

    My mom expressed again that she does not want him living here anymore. The police basically laughed in my mom’s face and said “yeah, he can stay here as long as he’d like.” This cannot possibly be true! If the home owner wants someone gone, whether it be my brother or myself, shouldn’t she have the right to evict whomever she’d like?

    Another issue that my mom has is that my brother knows most of the police personnel in our town, and I feel that he received special treatment because of this.

    Might you have ANY advice? It kills me to see my mom go through all of this, all because her own son.

    He’s threatened the mother of his children’s life, was arrested for domestic abuse in the past, and my mom no longer feels safe with him living here, in fear of what he might do to her…….

    • Richard Magnone says:

      Even though it seems like it, an occupant cannot stay “as long as [they’d] like”. Any property owner with an occupant that needs to go but who has established a tenancy (ie. the occupant “lives” in the property and is not a trespasser) has a right to evict that occupant. The property owner just needs to go through the process (ie. an eviction). That begins with the service of an appropriate notice of termination such as a 30 day notice. After service and the expiration of the time granted in the notice, the property owner can proceed with an eviction lawsuit.

      As for occupants who are violent or making threats, any property owner concerned about safety should contact the police for help or should look into obtaining an protection order from a court.

      I can’t give specific advice for your mom’s situation as I don’t know all of the facts. Your mom should, however, contact an attorney to learn her rights.

  22. Pingback: Evicting a family member relative in Illinois

  23. peter says:

    I have a friend that needs help badly, He took in a friend of ours that is on prohbation and he has alcoholic and drug problems he is on house arrest and the tenant signed the document to have him in the house. Our not so friend with a drug and alcoholic problem lets call him Dave, attacked the tenant, the cops had to come cause dave was blackout drunk and trying to assault my friend. When dave got realeased the next day he went back to the tenants house. When the prohbation officer came he found beer and sentenced dave to 60 more days of house arrest. Now my friend is stuck with Dave for 60 more days and he already was assaulted on. What steps can I take to get dave back in a half way house or just clearly out of my friends house I am worried deeply for my friend cause I also took in dave a couple of years back to try and help him out but he was no help on bills or food or any kind of stability Whatsever and now my friend is going through the same situation. Dave is getting mail from court and the probation officer at the address of the tenant. What steps do I need to take??? Please Help Thank you for your time. Peter

    • Richard Magnone says:

      Your friend should consider serving the occupant with a proper notice to terminate the tenancy (probably a proper 30 day notice) and beginning the process of eviction. This is a complex matter and should not be discussed via web messages. If your friend is interested in engaging us to assist, we would be happy to see if we are a match for an engagement.

  24. wendy says:

    i allowed a friend to move into my apartment, the lease is in my name only, we verbally agreed he would pay half the bills to stay with me. The living arrangments are no longer suitable for my 7 yr old son and i now want him to leave. he is refusing to. from what I am reading I understand I need to give him a 30 day eviction notice. I just need to know how I do that? is it a form I can get myself? or do I get it through the court system?

    • Richard Magnone says:

      What notice to serve depends on the facts of your particular situation. The most common notice for a situation where there is no lease is a 30 day notice, although I can’t say whether or not that’s right for you because I don’t have all the facts. As for the notice, we have sample forms on our website, including a sample 30 day notice. We also provide notice drafting services for landlords where we will examine a landlord’s situation to determine the appropriate notice and prepare the notice for the landlord.

  25. Joe says:

    My wife voluntarily vacated our premesis on January 21, 2013. She has also tried to enter the property after that date. Since it has been 30 days, do I still need to send her a formal eviction letter?

    • Richard Magnone says:

      Joe, there are alot of other factors that could come into play in your situation. Whether or not someone who is a tenant has vacated is a “question of fact” and depends on the facts of your situation. However, your wife may have other rights depending on the ownership of the premises (ie. homestead rights of a spouse or co-ownership rights). I don’t have enough to go on to give you answer for this one.

  26. Jeanine says:

    I live with my boyfriend of a year in his home. He died last week in an accident. His executor is already telling friends she wants me out. I had no lease with him. We were planning a life together. What are my rights as far as staying in the home until I can get on my feet?

    • Richard Magnone says:

      Jeanine, you likely have a tenancy which gives you some rights. That said, you need to contact a tenant’s rights attorney at once to find out where to go from here.

  27. Steve says:

    I took care of my great aunt for 9 years before her passing last month, my mother is the executrix of my great aunts will, the problem is that my cousin who is serving life is the beneficiary and I am concerned that my mother may try to evict me. I took care of my great aunt with no elder care service. I lived with my great aunt and had no authority come in the house for neglect. And I was the one family member who my great aunt used for emergency contact as well as being the care giver , help

    • Richard Magnone says:

      Steve, I don’t know all of the facts of your situation, but it sounds like you might be vulnerable to an eviction action. You should speak with an attorney who can advise you with respect to probate and estates as well as tenant’s rights. I wish you luck.

  28. Terrance Turner says:

    I live in CA hope you can still guide me in the right direction seeing you reply often…

    My mom is disabled and I am her caregiver, she has let her old fling friend stay us for the last few years and he’s nothing but a drunk veteran bumb that has her living in bad conditions for her health I’m warning this guy that he has to leave if he can’t honor the rules set for my mother . He has mail coming to the house and my mom doesn’t want him to leave but for her health he has to of he can’t follow the rules. What are my options we are on Section 8 and pray that they will not get informed because he is not on the lease. Family expects me to remove him by force but I know that isn’t a permanent solution please help!

    • Richard Magnone says:

      Terrance, I have no help for this one. First, I’m not licensed to handle legal issues in California. Second, and equally important, I don’t know anything about California’s landlord tenant laws! You need to find some help from someone with a knowledge of the laws there. Sorry.

  29. Barbara A. says:

    Hello. I’m have been dealing with this guy for almost six years. We tried to make it work but no results. It’s pretty much been over for a long while, me even cutting off intimacy for 6 months now. Just to show him I’m serious about me wanting nothing to do with him. Problem is he won’t leave despite my saying so. We have a son together & perhaps that’s why. I had moved months ago from which the same situation, but said yes. But only for a week! No job and lazy, I don’t know what else to do.

    • Richard Magnone says:

      Barbara, you need to consult with an eviction attorney to find out your rights and to make a plan to get him out if possible.

  30. Tina says:

    A friend of mine asked for my help with a place to live, because she has children I asked my mom who lives in a “coach-house” behind me (same address same property) if she could stay there for a little while. With a verbal agreement of 90 days my mother agreed to this. Well since then there have been some things that have transpired (she was asked not to have cable installed because our landlord didn’t want hole in the walls, while we where out one day, she had cable installed, and that’s just one incident) Well the 90 days has gone by and she has several pieces of mail coming to the house with her name, I began keeping the mail because I was advised that she knew the law of established residency and played on my kindness, I would like to know what rights we have at this point, we are all on the same property and see each other everyday, the hostility is growing. I don’t understand why a person thinks that they have entitlement to someones home, and to make matter worse, or landlord does not know we are having this problem. any advice is appreciated.

    • Richard Magnone says:

      Tina, the occupant would likely have a good argument that they were allowed to establish a tenancy. I don’t know all of your facts, so I can’t provide legal advice, however, you probably have to go through the process of terminating a tenancy and filing an eviction lawsuit to remove the occupant.

  31. Sonja says:

    I took in a family member when he was about to become homeless. He has been with me for several years and I want him out. He has threatened me with death, death to my pets and has destroyed my belongings when I tell him to leave. I gave him a written five month notice to leave and he’s still there. He is not on the lease, has never paid a bill or anything towards rent. What can I do to get out of this situation?

    • Richard Magnone says:

      You have a tenant. You can proceed through the regular steps to file an Illinois eviction provided the notice you served was appropriate to terminate the tenancy. If you feel you are threatened, you should also consider contacting the police or getting an order for protection. I urge you to act fast and to consult with an engage an attorney to assist you (as we do not have an attorney-client relationship and this is not legal advice).

  32. David Mienke says:

    My father-in-law passed away with a will that named my wife and I as co-executors in Rock Island County, Illinois. Our attorney has been to court and has had my wife and I officially named as executors with independent authority of the her father’s estate. One of my wife’s brothers is living in the home. He has lived their for approximately 5 years with free room and board. The estate attorney has served him with a 30 day notice to move after we were named by the court as executors. He has received the 30 day notice (we were there when he was served). He has stated that he consulted an attorney and that the notice was invalid, because it was issued too early. He states that the notice should not have been issued until the will been completely through probate and read to family members. We plan to contact the attorneys to check on this, but wanted to be better informed prior to this visit, since we are not residents of the state of Illinois. What is the applicable law in this case?

    • Richard Magnone says:

      David, the probate code specifically deals with the probate of estate real estate. I have, many times, had to try eviction cases where an estate was the plaintiff. In some of those cases, we had to act in both the probate courtroom and eviction courtroom. In Cook County, those eviction situations can be quite complex. As you are already represented, I suggest you contact the attorneys who represent you and get their best advice on the matter. Best of luck to you!

  33. Ana Hollingsworth says:

    I have a Friend who we are helping out while she is here in Illinois. She is staying with us and paying a small amount of rent. She is never here and now I have family coming in soon and have no rooms for them or her. I am not sure about what to do? I am now not comfortable with the arrangement anymore do to not being friends and wanting to terminate her being here in my home. We did not do a leasing agreement and so I know it would be a 30-day notice by law. I am wondering is how do I go about this in Saint clair county since i can find none of this information.

    Any information would help me out. Thanks.

    • Richard Magnone says:

      A 30 day notice under the Illinois statute is the same state-wide. That said, you should try to find a local attorney who knows the local customs and practices of the circuit court there. Best of luck!

  34. Shaila says:

    I am currently in the process of evicting my ex boyfriend from the home I rent in Kane County, Il. 30 day notice served, unlawful detainer filed, He was served the summons by the sheriff, court is June 28th.

    What can I expect at court? I want him out in 72 hours or less if possible. I am suing for possession only.

    He was listed as a resident on my previous lease he never signed, we had a month to month oral between us. Landlord and I resigned a lease and removed him as rssident. He is not paying rent, has not paid since Feb 1, 2013.

    Do I have to pay his security? Even though I wrote him receipts that he is forfeiting the security due to lack of payment.

    Can he request an extension? What if he requests a jury?

    Should I bring up the money in court even though I am suing for possession only?

    I just want him out… Have filed all Pro Se…


    • Richard Magnone says:

      This is an extremely complex set of facts. I could not assist based on the information provided. My best suggestion is to obtain legal counsel local to Kane County.

  35. Nancy C says:

    I have a chronically jobless, alcoholic, grown son staying at my home (supposedly temporarily). He has become violent when he drinks, and has thrown my daughter against a wall, injuring her. We no longer feel safe with him around. He refuses to leave, saying that we have to evict him. He was to have stayed here until the completion of a culinary training course – it concluded May 19. Is there any provision in the law for getting someone out in the case of physical violence? The police were called but no charges were filed because he was two days away from finishing his school and we wanted him to finish.

    • Richard Magnone says:

      The law is no different in an instance of violence save for the Illinois Safe Homes Act (although that is really a tenant protection law). Any person who feels threatened can certainly seek an order of protection or assistance from the police. This is not an area we can assist in and a criminal attorney or victims rights attorney should be consulted.

  36. Deville says:

    Okay so i have a roommate who was basically a friend i agreed to help for a short amount of time…. she doesn’t pay rent….. so would the thirty day eviction rule still be the solution…i have already asked her to leave but she keeps asking for more time…..

    • Richard Magnone says:

      In Illinois, without a lease or agreement to pay rent, barring other strange facts, a 30 day notice is usually the proper method for tenancy termination.

  37. Cheryl says:

    About 8 1/2 years I started dating a man after 6 months I gave him a key and let him move in. After about a year I started asking him to leave, he won’t leave. I have had the police here, but they are not helpful because I let him move in. It is my house, he does not pay bills, he does buy food and do chores. He says he can’t leave because he has no where to go. Can I change the locks when he goes out? But he has a lot of clothes & tools here. What can I do. I need my sanity back.

    • Richard Magnone says:

      Do not change the locks. That’s illegal. A landlord can serve a 30 day notice to terminate the tenancy of a long-time, non-rent-paying occupant and can then go through the usual eviction process.

  38. John says:

    OK. Long story…

    My oldest brother went thru a lengthy divorce wherein he assumed the rights to a single family house in Park Ridge, Il. Later as times went from bad to worse, he had my younger brother *who lives out of the country) bail him out and they mutually assumed the mortgage. Older brother took out a second mortgage without the consent of younger brother and when younger brother found out removed older brother from the mortgage of the home. Older brother has been squatting for seven years paying only utilities. In the last year middle brother (me) moved in due to a transition in life (Divorce). Most recently I’ve assumed the utility bills for the last year. And, older brother went on a 5 month vacation out of the country to visit his son. During his leave, (while still not paying rent or utilities) I moved into the master bedroom suite. One night he returned, unannounced and while I was out of the house, and removed all my belongings from the master suite and moved back in. Younger brother who is tired of older brother’s lack of accountability has put up the property for rent to at least hedge his losses until the market comes back. He has informed older brother that I am the master of the domain as I am the only one paying utilities and that he shall obey my wishes as well as his. One of those being to vacate the master bedroom suite and return it’s possession to me and the other to move out. I have a feeling that because he is penniless and out of work that he’ll be hard pressed to move and is angry enough with his situation to not move out into another bedroom in the interim. What are your recommendations short and long term to evict and/or recover losses from unpaid bills or rent. No lease was ever written…

    • Richard Magnone says:

      John, you have a long and complex story there. It looks like a law school exam question. I don’t know from the facts you presented whether or not your oldest brother is still listed as an owner of the property or not. It looks like he might be and if he is, this might not be an eviction-related matter (it would be more like a suit between co-owners). This is too complex of a situation to discuss via email, so feel free to contact me to see if we are a match for an engagement to represent you.

  39. pcdoctor says:

    Is there any way i can talk to someone via email I don’t want to air out my stuff on an open discussion board. its about renting the basement of a friends house and privacy invasion

    • Richard Magnone says:

      We are always willing to spend a few minutes on the phone with potential clients. We do not, however, represent tenants (except in limited situations involving the return of security deposits under the CRLTO).

  40. paula says:

    My mother and father in law have been living in a home I own. They were buying it from us but there was no contract involved. They moved their son and daughter law in without or permission. The father in law got sick and had the utilities change over to the sons name so he could build some credit. The father in law passed and that left the mother in law along with her son ans daughter in law in the house. The mother in law told the son she was moving out of state in a month and his wife and him would need to move so we could sell the house for her. After the month had past (more than 30 days) they had a fight and the son and his wife left. They called my wife and said they were done taking care of her and my wife needed to handle it. We went and got her and she is staying with us for a week and then she is moving out of state. Her son has called since and the mother in law told him he is to never come back to the house. We have talked to the police and they said they had no input since he is already out. We need to clean out the home wich is damaged badly. Are we in our legal rights. I have all this info typed up and signed by the mother in law and signed by a witness. Please advice your thoughts.

    • Richard Magnone says:

      Paula, your situation is unbelievably complex. It involves a real estate contract/transaction which is undocumented, tenants who are not a party to any written lease, occupants who have been moved in, parties that have passed away, and issues of possession and re-possession. I could not begin to answer your question via email. This is a serious legal matter and requires a serious consultation with an attorney to work through the facts and to determine your legal rights. You should set up a consultation with an attorney to learn your rights and possibly engage an attorney to represent you depending on the results of that consultation. (The above is not legal advice and does not establish a landlord-tenant relationship).

  41. Jake says:

    A few months ago my mother in law moved in with my wife and I. What rights does she have and what do I need to do to legally get her out of my home?

    • Richard Magnone says:

      There is plenty of information on this blog about roommate evictions (this post actually). If you need legal advice or assistance with an eviction, we offer those services and you can feel free to call us to discuss how we might help and to see if we are a match for a legal engagement to represent you.

  42. Nicole says:

    I had guests stay in my house i pay rent in. My dad’s the landlord. I have the because they basically me out of. They are not a and refuse to leave.
    What does my father do to remove them? Do you have any associates who have a license for lake county il?
    My father lives in md and I’m currently in ny. Do we have to do this in person? Can you email me backpersonally?
    I have children and all property in the house still. Been in ny for a month a half. They don’t pay and haven’t paid anything. No bills. No rent. What can i further do to make sure their stay is as uncomfortable as possible? Also can i sue them for rent and bills, the suffering my children and i are going thru? The husband is trying to get disability. How can i report they owe me money for and bills?

    • Richard Magnone says:

      You have a complex situation. Many times, a landlord does not need to appear and we can do a case “remotely” without a trip to Chicago. We do sometimes handle Lake County evictions. If you are interested in pursuing an eviction, contact us to see if we are a match for representation.

  43. Linda Gonzales says:

    I rented a room out & have never done this before. I needed the money in order to continue affording my mortgage. My roomie paid a $375 deposit. We were supposed to sign a lease on move-in date. She was sick & I said we could get to it the next day. Something kept “getting in the way” & no lease has been signed. I posted the room as a month-to-month lease. Since she was switching from one job to a newer/better job & was short of cash, I offered a temporary week-to-week until she started her new employment. She is due to pay utilities too at 25% of gas, electric & water, not to exceed $450/month rent & utilities (i.e. $15/day.) She leaves lights on everywhere all the time, so I know my bills have gone up. It was her idea to pay $105/week in order to include utilities so she could budget better.

    She moved in on November 16 & gave me $105 money order ($15/day x 7 days.) November 23 came & went. On November 26 I asked her about the rent for the week. Since her first paycheck from her new job was to be November 29, I asked if she was short for the full week. She basically said, “I can’t pull money out of my ass that I don’t have. I’ll pay you on Friday (Nov 29) when I get paid. But that money I gave you last week wasn’t for utilities too, only rent.” Well, November 29 has come & gone & she still hasn’t paid. She has begun to stay up in the bedroom, whereas she would sit and watch tv with me the first week. I went on & I see that she is currently actively looking for another room. I am afraid she is not going to pay me anything & wait to either get evicted, or until she saves up enough money & finds a room she feels is more suitable.

    As I said, she moved in on November 16. We do not have a formal lease. She is supposed to pay an amount equal to $375/month + 25% of gas, electric & water. She has paid $375 deposit and $105 for one week. Today is December 1. What should I do at this point?

  44. Karyn says:

    Hello, and thank you for responding to new questions!

    I’ve sent a 30-day notice to a roommate and that notice has expired. I’m now looking into the eviction process and have read that the actual notice has to include very specific items and has to be served in very specific ways. But I’ve read conflicting information including some IL cases that state:
    “The statute sets out when a demand in writing is necessary to maintain an action for forcible entry and detainer. (See Loekelt v. Stoltz (1944), 323 Ill.App. 164 (a demand in writing is required only if the plaintiff brings the action for possession under a clause which specifically requires it).) No demand in writing is necessary to maintain an action for possession of land under section 9-102(2)”

    I am a lessee in Dupage County and I allowed a friend to live with me; we have an unsigned agreement that addresses a sliding scale for rent payment.

    1. Does section 9-102(2) apply to me? If not, which item addresses our arrangement?
    2. Why does everything say I have to give notice if the SC already decided it’s not always required?
    3. Does SC Rule 11 (Method of notice) apply to a 30-day notice?
    4. Does item 7 of Rule 11 include facebook accounts since they are ‘registered’ and have an inbox?
    5. If my notice said ‘you need to leave’ and referenced a date, is it null if I didn’t include the address?

    Thanks so much – I tried consulting an attorney, but they said unless I hired them, they wouldn’t address any of this even during the “free consultation.”

    • Richard Magnone says:

      Karyn, I concur with those other attorneys. The questions you have would certainly be legal advice and that’s what we sell here! On this site, we try to explain the basics of the process to landlords, but giving advice on a specific situation is the kind of thing clients hire us to handle.

  45. William says:

    I contacted your office today looking to get legal advice on evicting a roommate who is not on the lease. I was told your office does not represent tenants and I will have to call some other law firm for help. I only bring this up because you mention throughout this post to contact you for legal advice concerning situations similar to mine and I get turned away.

    • Richard Magnone says:

      It is possible that the terminology of “tenant” caused confusion. We will represent tenants who are “sub-landlords”. We don’t represent tenants in eviction defense.

  46. THOMAS NASON says:

    My stepson and his wife not married but mother of the grandkids have been with us for five years. The wife is diagnosed with bi polar disorder. She is working poor and on aid. Last year public aid cut off her abilify and she is taking no new meds that work anyways. My wife has MS and cronic pain for failed back surgery. She has been instutionalize before with depression and general anxiety. My daughter inlaw has alienated the two young one girl 10 and son 13/ the nineteen year old grandson is ok with us. We pay all the bills and they pay for food. But the daughter inlaw wants money for food from us and is on a campaign to get the money. I have refused and she is just treating my wife terrible. My family and the my wife family the ones who know about the situation want them out. My wifes phycharitrist also said they should leave. But we will not ask my stepson and kids to leave. Would really like to get everyone into counseling , but that’s not gonna happen. would like to serve an eviction notice and force her into to treatment. Any ideas on how to handle this. Thing have gotten bad with the wife and her depression. I am gonna have to do what I have to do. Is there any county, state , or township help? We live in lansing il, cook county, bloom township.

    • Richard Magnone says:

      Thomas, you have a complex situation on your hands.

      There may be social services that could help, but I don’t know of any.

      The big problem is that you have to understand that the eviction process is a legal process to get an end result. That is, the goal of the eviction action is to get someone out of a property. I can’t comment or even speculate on the concept of serving an eviction notice to “force her into treatment”. The process might or might not get you that result, but it is certainly not intended to be a mechanism to bring about that result.

  47. James says:

    Very enlightening article! In the situations you mentioned where there’s an unwanted guest staying at a leased apartment, would the tenant on the lease have the legal right to sue someone they let stay there? And does it make any difference if the lease prohibits the tenant from allowing anyone else to occupy the property?

    • Richard Magnone says:

      A tenant has a right to bring eviction proceedings against a now unwanted guest. The lease might put the tenant in peril vis a vis the landlord but it would not particularly “help” the tenant who sues the guest. The tenant looking to bring an eviction would have to determine an appropriate basis on a case-by-case basis like any other party entitled to possession.