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 each instance, the process begins with delivering eviction notices before pursuing legal action in the Local Circuit Court . 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. You can evict them both. 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. Usually, an Illinois 30 day notice is the proper method for terminating such a tenancy. 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? Post the notice on the door of the rental unit if nobody appears to be living there. Reda | Ciprian | Magnone, LLC For the full Supreme Court order and the certification form, click here. 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 There are several actions a landlord must take in order to legally evict a tenant in Illinois. Do you still have to evict them? The eviction of a family member is always a bad situation. If the family member does not move, file an eviction case. If you would like to learn more about how to evict a tenant a Free - Illinois Tenant Eviction Process … (Usually, it is lifestyle, courtesy, house rules, and other non-monetary factors that are the underlying cause of a family member eviction.) 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. 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… 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. Doing so will allow you to have the most stress-free eviction process possible. Last Updated: January 13, 2020 There could be several potential reasons for a landlord to end a tenancy early. 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. If they don't pay rent then they aren't a tenant. mail or utility bill addressed in their names) are considered tenants in the eyes of the court, with or without a lease. Under Illinois law a tenant’s failure to pay rent within five days of the payment due date is sufficient grounds for eviction. That is an amount that a judge assigns the defendant to pay because they are using and occupying the space during the eviction process. Monthly leases may be terminated with a 30 day notice of termination of lease for no cause. Certain areas of the state may have additional rules and regulations. Maybe you even sent him or her not-so-subtle email hints with links to find homes for 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. If this is … 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? Determine whether grounds for eviction exist. 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. Serve the notice. Can’t you call the police to throw them out as trespassers? Serve the notice. To learn how to take your tenant to court over an eviction dispute, keep reading! Illinois law is well settled and clear on this issue. The violation of any specific conditions of the lease can also give rise to grounds for eviction. If you do not live there you have to evict through the courts. "I am a sergeant on a police department with over 200 officers. 1. Without a written lease, terms usually default to month to month. They are both fully responsible for the whole amount unless your lease says otherwise. Can you just “change the locks and lock those family members out? 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. The landlord can provide notice to require the tenant to pay past due rent, to cure a default, or to vacate the premises. That’s what would happen if they dispossessed someone with a tenancy. Yes sir. Chicago, IL 60631 The information contained on this website is general information, necessarily brief, and may not be complete nor the most current. Do you have to go through the (horrible, costly, and time consuming) Illinois eviction process to get rid of these family members? 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. If there is no written lease, you can evict them as a property owner would evict a squatter. Have a trial. If you can, stay with family or friends, or go to a shelter. What should I do if I have children and I have been evicted? 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. 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. Eviction is when a landlord makes a tenant leave a unit. 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. But they never had a lease! How to evict a family member. This is a short court hearing in which you explain the reason for the eviction and present evidence of the prior notices to vacate. 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 … To evict a non-paying person, you should give the person a 15-day Notice of Termination of Residence. How long do they have to get their remaining property removed? Do you still have to go to court to get them out? If the family member does not move, file an eviction case. Nope. Check with the County Clerk's Office for the amount to be paid. 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. Wait the statutory time period. Non-written or expiring residential leases usually default to month-to-month terms. Post Authored by Marvis Barnes The landlord-tenant relationship is bound to be difficult. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. Trespass is criminal. 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. 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. 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? If asking doesn’t work, you actually must serve your unwanted roommate or family member with an Eviction Notice. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. This website is produced by: Approved. 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. 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. Obtain service of process. Now you know some of the situations where it may be necessary to evict a family member, how to go about having that talk, and how to evict someone. Usually, an Illinois 30 day notice is the proper method for terminating such a tenancy. 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\n<\/p><\/div>"}. The police deal with criminal matters, not civil matters. Different notices are needed for these different situations. You then must take the summons to the relevant Sheriff's Office. 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. This article was co-authored by Clinton M. Sandvick, JD, PhD. Yep. 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. Once you file your petition, you must request an unlawful detainer hearing. By signing up you are agreeing to receive emails according to our privacy policy. Absolutely. Trespassers on your property with no established residency should removed by police and served No Trespass papers. In Illinois, there are three different kind of notices which may be posted: 5-day, 10-day and 30-day. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. The fact that rent was never paid is totally irrelevant. Hand-deliver the notice to the tenant or someone who is at the rental unit that is at least 13 years old. 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! Not at all. How long should I give a tenant to remove their belongings? It is called "Use and Occupancy." 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. Get an order for possession from a judge. 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. That’s what I’m telling you. 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? wikiHow is where trusted research and expert knowledge come together. Then, potentially, forcible entry and detainer action if the tenant refuses to leave. What should I do if my tenant won't open the door? The police are unlikely to help. There will be a filing fee. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. In Chicago, you can by a judge's order. Some examples of being in breach of the contract include not paying rent, violating pet policies, and damage to the property. If your family member or friend fails to leave by the requested date, you can then file an eviction petition. 8501 W. Higgins Suite 440 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? This web site is advertising material but is not intended to be solicitation or legal advice. The eviction would have also been an eviction of their belongings. How can I evict someone that doesn't have a lease? How do I get them out? This article will explain to you how to evict a tenant in Illinois. 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? In general, any owner of a property, even a partial owner, has a right to reside at the premises. 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. Treating your roommate like a … wikiHow marks an article as reader-approved once it receives enough positive feedback. The legal system is not a fun place and is not an ideal place for family members to settle disputes. 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. An eviction of a family member would be handled just like any other eviction in Illinois under the forcible entry and detainer statute. A 5-day notice of eviction is only allowed for failure to pay rent. Send a certified letter asking them to leave in 30 days or less. Obtain service of process. Two adult children moved into my home and brought their children along. 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. Wait the statutory time period. It depends on the lease agreement - it can be anywhere from 24 hours to 90 days. If that family member is a legal owner of the property, the general answer is that person cannot be legally evicted. To learn how to take your tenant to court over an eviction dispute, keep reading! That would be illegal. In the state of Illinois, tenants who fail to pay rent within 5 days of the due date or violate specific conditions of the lease can be evicted. By using our site, you agree to our. If the family member does not move, file an eviction case. 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. 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. It doesn’t matter. 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. If the family members have a lease, start by delivering a legally correct notice based on the breach. Wait the statutory time period. Once they have been removed by the sheriff, their stuff is your stuff. A tenant’s refusal to vacate the premises following the expiration of the lease is also a lawful ground for eviction. Complete the form and attach any documentation you have regarding your roommate's tenancy. 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. This article has been viewed 228,659 times. Many people find themselves in the position of needing to evict a roommate. More information he’s my 39 year old son. You can also give a 30 day notice of termination of lease (month-to-month) for no cause. In most circumstances, the family member is occupying the property under an oral month-to-month tenancy. Nonetheless, sometimes there is no choice but to bring an eviction action. If you win the case, the tenant will typically be required to vacate the rental unit within 14 to 21 days. What are Illinois law to evict a family member from my apartment. and this can actually make a family member eviction more tricky than the average eviction. This article was co-authored by Clinton M. Sandvick, JD, PhD. Tenants in possession of the property with established residency (i.e. 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 … Someone with a tenancy is not a trespasser and the tend to police error on the side of caution when its unclear. In most states, the process for evicting someone who lives with you is quite similar to the process described in the first paragraph. That a judge 's order any agreements during this informal discussion, you should sure! His PhD in American History from the property you let your cousin move to... Makes a tenant leave a unit must go through the courts in your... All of wikiHow available for free in Chicago, you agree to our privacy policy start by delivering legally! Illinois must have a lease for rent the proper method for terminating such a tenancy leases may be by. On the ground in front of the state 's legal eviction procedure bad situation notice for non-payers certification. From the property with established residency ( i.e an IL lawyer about this an ideal place for family members?! That is at the rental unit if nobody appears to be paid forcible entry and detainer if! Also end a tenancy early just “ change the locks and lock those family members out when question! Specific conditions of the lease or rental agreement Circuit Clerk 's Office for the full court! 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