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?

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?

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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?

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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

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.

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?

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

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.

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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

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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.

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

I have seen police tell people they HAD to let the person back in and they were not allowed to change locks.

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Originally Posted by Fr_Chuck

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 thier 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

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Thanks Chuck she wasn't home when the locks were changed. This makes me feel a lot better because I was worried the cops could either make my mom let her back in or she could get into trouble like get arrested type trouble. Like I said were not worried about her suing anyone.