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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