Ask Experts Questions for FREE Help !
Ask
Page 1 of 2 1 2 >

Evicting a family member in IL?

Asked Mar 30, 2008, 03:17 PM — 10 Answers
I have a quick question. Unfortunately my younger sister is a drug addict. My mother put her through rehab 3 times already and again she is back on drugs. Today my mother had enough and wanted her out of the house. She called the police to have her removed. When the police came they said that this was her legal residence and that if she wanted her removed she would have to get a eviction paper from the court. They said they don't have any cause to remove or arrest her because she didn't break the law. (basically she was harassing my mother verbally for hours trying to get money from her).

My mother didn't argue with the police about it, but is this true? My sister has never paid a day of rent in her life. Heck she doesn't even work. I've been trying to research this on my own and the only thing I can find according to the law is eviction laws about people paying rent or have a written lease. So I guess my question is can't my mother just kick her out? Any advice on what my mother can say to the police to set them straight? Or are the police right in this case?

Search this Thread
Share |
10 Answers
N0help4u's Avatar
N0help4u Posts: 16,954, Reputation: 9423
Uber Member
  
#2

Mar 30, 2008, 03:26 PM
Yes it is true the police are right. All she has to do is say she lives there and uses that address. Your mom has to do a legal eviction. What state/country do you live in?
Helpful
Jackson T Jones's Avatar
Jackson T Jones Posts: 5, Reputation: 1
New Member
  
#3

Mar 30, 2008, 03:29 PM
Quote:
Originally Posted by N0help4u
Yes it is true the police are right. All she has to do is say she lives there and uses that address. Your mom has to do a legal eviction. What state/country do you live in?

My mother Lives in the United States in Illinois. Just to be clear my sister has never paid rent, does not have a lease, is over 18, and has never contributed a single cent to paying a bill her entire life. I just find it hard to believe she can not kick someone out of her own home that is and always has been living there for free.


Here is some info I found about IL eviction laws. However I'm not sure how through it is.

Attorney - Illinois Landlord Eviction Law Services by Lawyer Reda |Ciprian |Magnone, LLC - Chicago
Helpful
N0help4u's Avatar
N0help4u Posts: 16,954, Reputation: 9423
Uber Member
  
#4

Mar 30, 2008, 03:33 PM
It doesn't matter she still has to do a formal eviction.
I will look up the Illinois legal procedure and get back in a few minutes.
Helpful
Jackson T Jones's Avatar
Jackson T Jones Posts: 5, Reputation: 1
New Member
  
#5

Mar 30, 2008, 03:42 PM
Also even if by law she has to get a order from the court to remove her from her home, what if she ignores that and just changes the locks anyway? No chance my sister can take any legal action because she has no money. I mean can the police come arrest my mother if she changed the locks or would the only risk of doing so be my sister trying to sue her or something?
Helpful
N0help4u's Avatar
N0help4u Posts: 16,954, Reputation: 9423
Uber Member
  
#6

Mar 30, 2008, 03:44 PM
Illinois you have to give a 5 day notice of quit. Then if she doesn't leave go to the district court/magistrate.

Notice to quit Free Form

http://www.thelpa.com/free/statenoticechart.pdf
Helpful
N0help4u's Avatar
N0help4u Posts: 16,954, Reputation: 9423
Uber Member
  
#7

Mar 30, 2008, 03:46 PM
She maybe can change the locks AFTER all the eviction procedure is entirely over -NOT before then
I am not absolutely sure on that one.
Once she is gone you can change the locks.
Helpful
Jackson T Jones's Avatar
Jackson T Jones Posts: 5, Reputation: 1
New Member
  
#8

Mar 30, 2008, 03:49 PM
Quote:
Originally Posted by N0help4u
Illinois you have to give a 5 day notice of quit. Then if she doesn't leave go to the district court/magistrate.

Notice to quit Free Form

http://www.thelpa.com/free/statenoticechart.pdf

Thanks for the help. I just talked to my mother and to late! Locks already been changed. I guess she will just have to deal with it. I know my sister isn't going to sue her because for one she's not that smart and for two she uses every dime she has on drugs. If police have a problem with it and want to arrest a nice old lady because she threw out a drug addict then I guess we will cross that bridge when we come to it.
Helpful
Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
Expert
  
#9

Mar 30, 2008, 03:53 PM


First the police don't evict or throw people out of your house unless they are in the home illegally

I know they never rented bu tthey were allowed to live there so there has to be a eviction process to do this legally.

Now I will say that personally I have, and many people who have a teen who is using drugs, they merely change the locks when they are gone, sit their clothes on the porch. The same police that would not throw her out, also can not make you let her back in. So all she could even do would be sue you for illegal eviction

Or of course if there is drugs in the home, call the police to arrest her for the illegal drugs
Helpful
N0help4u's Avatar
N0help4u Posts: 16,954, Reputation: 9423
Uber Member
  
#10

Mar 30, 2008, 03:54 PM
I have seen police tell people they HAD to let the person back in and they were not allowed to change locks.
Helpful
Not your question? Ask your question View similar questions
 
Page 1 of 2 1 2 >
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting
 

Undo
Redo
  
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

Evicting a family member [ 2 Answers ]

My son is 24 yrs. Old and he and his girlfriend and 2 kids live with me. We cannot get along and do not see this changing so today as he told me how much of a I was I told him to get out of my home. He lives here rent free and has for the past 4 months. He has no job, they receive money from the...

Evicting a family member. [ 2 Answers ]

My sister was paid to move in with my dad and take care of him, after about a year dad passed away. It has been nine months and she refuses to vacate the house. I am the executor of the estate and am responsible for getting the house ready for sale. But I refuse to make the needed repairs until...

Evicting family member [ 2 Answers ]

A couple of years ago my brother's house was being foreclosed on. He asked my sister and her husband to buy it and let him live in it and he would make payments. They did that to help him out. However, he has continually failed to make the payments as he agreed to and only has made a couple in...

Evicting a family member [ 4 Answers ]

Can I evict a my son without going to court?

Evicting a family member [ 2 Answers ]

I would like to find out how I can safely and least painfullly evict a family member (24 years old son) with addiction problem, not serious about finding a job, and very abusive to other family members.

View more Real Estate Law questions Search