Awesome resource, thank you. Include your email address to get a message when this question is answered. Make sure you give the notice of eviction to the tenant in one of the prescribed manners. they needed to handle calls between tenants and landlords concerning evictions. 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. An eviction attorney can sometimes act as a buffer between the property owner and the relative. Illinois Supreme Court. Nonetheless, sometimes there is no choice but to bring an eviction action. Maybe you even sent him or her not-so-subtle email hints with links to find homes for rent. 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… It doesn’t matter. Paying, nuisance tenants may be removed by a failure to comply with a 7 or 10 day Notice to Comply. In Chicago, you can by a judge's order. It is a fact. Always consult an attorney before acting. You could try the police, but I doubt you will have much success. The police are unlikely to help. What should I do if I have children and I have been evicted? An eviction of a family member would be handled just like any other eviction in Illinois under the forcible entry and detainer statute. This web site is advertising material but is not intended to be solicitation or legal advice. If the tenant wins, he or she may use the rental unit until the end of his or her lease term. What are Illinois law to evict a family member from my apartment. Nothing on this site shall lead to the creation of an attorney client relationship absent a written engagement letter, signed by attorney and client. In this case, 93% of readers who voted found the article helpful, earning it our reader-approved status. 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. This article will explain to you how to evict a tenant in Illinois. Serve the notice. How long do they have to get their remaining property removed? You can either evict them with or without cause. In each instance, the process begins with delivering eviction notices before pursuing legal action in the Local Circuit Court . read more Have a trial. While the specifics of those procedures differ among jurisdictions, the basic steps are the same: notice, lawsuit, then eviction by the sheriff. Are they mine? The tenant will then have 5 days to pay his or her rent or vacate the property. Note: Governor's Executive Orders affect evictions in Illinois … Illinois requires that you provide roommates without a lease a 30-day notice before you begin the eviction. Your eviction is a single action for possession and rent is not usually at issue. Non-written or expiring residential leases usually default to month-to-month terms. 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. 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. Obviously, it makes sense to make an attempt to avoid the legal system if possible. 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 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 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? 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. By signing up you are agreeing to receive emails according to our privacy policy. To learn how to take your tenant to court over an eviction dispute, keep reading! 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. Not at all. Different notices are needed for these different situations. 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. Complete the form and attach any documentation you have regarding your roommate's tenancy. This article has been viewed 228,659 times. 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 … 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. Some appliance items of value remain. By using our site, you agree to our. Yep. Wait for the county sheriff to come out and evict the occupant. If you can, stay with family or friends, or go to a shelter. Serve the notice. Some examples of being in breach of the contract include not paying rent, violating pet policies, and damage to the property. Lawyer's Assistant: Has the son talked to an IL lawyer about this? If asking doesn’t work, you actually must serve your unwanted roommate or family member with an Eviction Notice. They won't leave and won't pay rent or help with the bills. 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 use of Internet e-mail for confidential or sensitive information is discouraged as it can violate any attorney-client confidentiality. 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. If this is … 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.". 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. 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. Approved. This is usually a notice to pay rent within 5 days, but might also be a notice of breach lease. If the tenant doesn’t comply, file a complaint with the County Clerk’s Office. The eviction of a family member is always a bad situation. The legal system is not a fun place and is not an ideal place for family members to settle disputes. I appreciate how to handle this. In most circumstances, the family member is occupying the property under an oral month-to-month tenancy. Send notice of your intent to evict. Mailing address: Clerk of the Circuit Court Richard J. Daley Center 50 West Washington - Suite 1001 Chicago, IL 60602 General Information: 312-603-5030 We use cookies to make wikiHow great. and this can actually make a family member eviction more tricky than the average eviction. If your family member or friend fails to leave by the requested date, you can then file an eviction petition. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Use a 3 or 5 day notice for non-payers. It would probably give your relative a nice fat lawsuit against you! How do I evict a family member in Illinois? Eviction is when a landlord makes a tenant leave a unit. If you evict with cause, this means they are in breach of the contract. A tenant’s refusal to vacate the premises following the expiration of the lease is also a lawful ground for eviction. 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. Usually, an Illinois 30 day notice is the proper method for terminating such a tenancy. Someone with a tenancy is not a trespasser and the tend to police error on the side of caution when its unclear. Let’s assume two brothers inherit a house from their parents. This website is produced by: A landlord must ensure that the reasons for eviction and the steps taken to do so are in compliance with local and state laws. 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. Once you file your petition, you must request an unlawful detainer hearing. Can you just “change the locks and lock those family members out? 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 landlord can provide notice to require the tenant to pay past due rent, to cure a default, or to vacate the premises. The information contained on this website is general information, necessarily brief, and may not be complete nor the most current. They don’t want to be sued for a wrongful eviction. You then must take the summons to the relevant Sheriff's Office. An eviction of a family member would be handled just like any other eviction in Illinois under the forcible entry and detainer statute. In general, any owner of a property, even a partial owner, has a right to reside at the premises. More information he’s my 39 year old son. Trespass is criminal. How can I evict someone that doesn't have a lease? 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. Talk to an attorney who will help you draft and send an eviction notice. The violation of any specific conditions of the lease can also give rise to grounds for eviction. My tenants have been evicted through the court system and removed by the sheriff. Last Updated: January 13, 2020 mail or utility bill addressed in their names) are considered tenants in the eyes of the court, with or without a lease. As always, check with your local court or lawyer to confirm. Send the notice via certified mail with a return receipt requested. Do you have to go through the (horrible, costly, and time consuming) Illinois eviction process to get rid of these family members? 8501 W. Higgins Suite 440 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. This article was co-authored by Clinton M. Sandvick, JD, PhD. 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. Eviction is civil. Commercial and residential landlords always have and will continue to have a variety of issues with tenants. wikiHow is where trusted research and expert knowledge come together. This article was co-authored by Clinton M. Sandvick, JD, PhD. 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. 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? 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. 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! Enter your email address to subscribe to this blog and receive notifications of new posts by email. To evict an adult child, you must go through the state's legal eviction procedure. All three are still responsible for honoring the contract. 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 that family member is a legal owner of the property, the general answer is that person cannot be legally evicted. Any eviction complaint filed in Illinois must have a certification attached indicating the landlord has followed the Governor's moratorium. How to evict a family member. That would be illegal. It depends on the lease agreement - it can be anywhere from 24 hours to 90 days. Hand-deliver the notice to the tenant or someone who is at the rental unit that is at least 13 years old. Certain areas of the state may have additional rules and regulations. 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. 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. Contact Us. Obtain service of process. Then, potentially, forcible entry and detainer action if the tenant refuses to leave. The police deal with criminal matters, not civil matters. 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? Thanks. 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