Clinton M. Sandvick worked as a civil litigator in California for over 7 years. The owner and attorney responsible for this website is Reda | Ciprian | Magnone, LLC and Richard Magnone, an Illinois attorney licensed to practice only within the State of Illinois is responsible for the content herein. Maybe you even sent him or her not-so-subtle email hints with links to find homes for rent. If you evict with cause, this means they are in breach of the contract. Obtain service of process. Awesome resource, thank you. That’s what would happen if they dispossessed someone with a tenancy. This web site is advertising material but is not intended to be solicitation or legal advice. Obviously, it makes sense to make an attempt to avoid the legal system if possible. There will be a filing fee. That would be illegal. If you can, stay with family or friends, or go to a shelter. 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. They are both fully responsible for the whole amount unless your lease says otherwise. It would probably give your relative a nice fat lawsuit against you! It depends on the lease agreement - it can be anywhere from 24 hours to 90 days. By signing up you are agreeing to receive emails according to our privacy policy. How do I evict a tenant in Illinois if it is my ex spouse who is not honoring an agreement to pay the mortgage? The police deal with criminal matters, not civil matters. Any eviction complaint filed in Illinois must have a certification attached indicating the landlord has followed the Governor's moratorium. (Of course, all fact situations are different, so you always want to consult a landlord on this point). You let your cousin move in to your Norwood Park bungalow when he lost his job and now he won’t leave? They won't leave and won't pay rent or help with the bills. 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. Trespassers on your property with no established residency should removed by police and served No Trespass papers. It doesn’t matter. 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. Check with the County Clerk's Office for the amount to be paid. Doing so will allow you to have the most stress-free eviction process possible. 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. Thanks. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. If the family member does not move, file an eviction case. In most, but not all areas of Illinois, the tenant does not have the right to remedy the situation and must leave after 10 days. This article was co-authored by Clinton M. Sandvick, JD, PhD. The most common reasons have to do with the tenant not paying rent or violating the lease or rental agreement. By using our site, you agree to our. 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. This article will explain to you how to evict a tenant in Illinois. I appreciate how to handle this. If three adults signed a lease agreement, and one moved out, who is responsible for the rent? If you do not live there you have to evict through the courts. Hand deliver the letter to your tenant or have it sent via certified mail so you can complete an affidavit stating that you have notified the tenant. 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. Nope. Illinois Supreme Court. It is called "Use and Occupancy." Monthly leases may be terminated with a 30 day notice of termination of lease for no cause. 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. This provided my officers with all the information, "My mom is getting evicted and I wanted to learn the process of it all. Wait for the county sheriff to come out and evict the occupant. Eviction is civil. 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. Yep. But they never had a lease! (Usually, it is lifestyle, courtesy, house rules, and other non-monetary factors that are the underlying cause of a family member eviction.) Determining Whether Eviction is the Best Option, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/3\/3b\/Evict-a-Tenant-in-Illinois-Step-1-Version-2.jpg\/v4-460px-Evict-a-Tenant-in-Illinois-Step-1-Version-2.jpg","bigUrl":"\/images\/thumb\/3\/3b\/Evict-a-Tenant-in-Illinois-Step-1-Version-2.jpg\/aid1453129-v4-728px-Evict-a-Tenant-in-Illinois-Step-1-Version-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"