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. The violation of any specific conditions of the lease can also give rise to grounds for eviction. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Determine whether grounds for eviction exist. If you evict with cause, this means they are in breach of the contract. The landlord can provide notice to require the tenant to pay past due rent, to cure a default, or to vacate the premises. If three adults signed a lease agreement, and one moved out, who is responsible for the rent? Lawyer's Assistant: Has the son talked to an IL lawyer about this? What should I do if I have children and I have been evicted? 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. Complete the form and attach any documentation you have regarding your roommate's tenancy. Illinois law is well settled and clear on this issue. For the full Supreme Court order and the certification form, click here. "I am a sergeant on a police department with over 200 officers. Illinois Supreme Court. 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. If the family member is on the deed they can not be evicted, same goes if they are a spouse. How to evict a family member. 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? This website is produced by: We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. This article was co-authored by Clinton M. Sandvick, JD, PhD. read more Usually, an Illinois 30 day notice is the proper method for terminating such a tenancy. Can’t you call the police to throw them out as trespassers? Post Authored by Marvis Barnes The landlord-tenant relationship is bound to be difficult. Some appliance items of value remain. If asking doesn’t work, you actually must serve your unwanted roommate or family member with an Eviction Notice. They don’t want to be sued for a wrongful eviction. 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. Theirs been no lawyer involved yet. 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. Nothing on this site shall lead to the creation of an attorney client relationship absent a written engagement letter, signed by attorney and client. What should I do if my tenant won't open the door? If there is a written lease, you can evict them for a breach of the lease as any other landlord could. Monthly leases may be terminated with a 30 day notice of termination of lease for no cause. If there is no written lease, you can evict them as a property owner would evict a squatter. Obviously, it makes sense to make an attempt to avoid the legal system if possible. Someone with a tenancy is not a trespasser and the tend to police error on the side of caution when its unclear. 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. 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 … By signing up you are agreeing to receive emails according to our privacy policy. Yes sir. If you win the case, the tenant will typically be required to vacate the rental unit within 14 to 21 days. You cannot just physically remove them from the property. If this is … Post the notice on the door of the rental unit if nobody appears to be living there. Research your local rules and regulations regarding tenant law prior to proceeding with an eviction. 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. They are both fully responsible for the whole amount unless your lease says otherwise. How do I get them out? Once you file your petition, you must request an unlawful detainer hearing. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. Tenants in possession of the property with established residency (i.e. Obtain service of process. they needed to handle calls between tenants and landlords concerning evictions. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. 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