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ChicagoJoe · May 31, 2011, 03:41 PM

My Ex shows up after being out of the apt. for 7 weeks. Call the cops and tell them she was illegally evicted. The officers that came out believed her story and forced me to give her a key. At first I refused and when I did they put me in handcuffs and said I was under arrest for illegal eviction. 7 weeks later somebody can do that to you??

ballengerb1 · May 31, 2011, 03:54 PM

Are you saying a city cop put cuffs on your over a supposed illegal eviction? Get a lawyer and sue the city police along with your room mate. Chicago cops do many things but cuffing like this will make Daley come out of retirement

joypulv · May 31, 2011, 04:34 PM

What exactly happened in the minutes before 'being out of the apartment?' Did you toss her out?
We tell BFs and GFs and relatives here all the time, if you let someone live with you, they become a tenant once they start receiving mail there, or after 30 days, or whatever the state law is where you live. You have to file for eviction formally.

ChicagoJoe · May 31, 2011, 05:06 PM

Yes the officer put cuffs on me and said I would be arrested for a domestic charge and I would be in jail for three days if I did not comply.

ChicagoJoe · May 31, 2011, 05:10 PM

She left of her own free will on April 1st. I didn't see her for a month and then the first three weeks of May she kept coming back and hanging around on the property. On May 23rd I caught her in the garage and called the Police. This is the first and only time she ever said that she was illegally evicted. I have to assume that it didn't work out at her new place and was kicked out.

ScottGem · May 31, 2011, 05:58 PM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

When she left did she move all her belongings out? Do you have any proof she moved out?

I suspect you were rude and argumentative to the officer which is why he reacted like he did. You should have given her a key, then filed a suit against her for 7 weeks rent.

AK lawyer · May 31, 2011, 06:35 PM

Originally Posted by ballengerb1

... Get a lawyer and sue the city police along with your room mate. ...

I agree. But first get a copy of the police report. I'm betting your ex told the cops a totally different story than you are telling us. You will want to know exactly what that story is, and then carefully decide whether you will be able to blow that story out of the water.

ballengerb1 · May 31, 2011, 06:41 PM

BTW where did her old key go? We aren't getting enough info about what all has gone on. For example, Chicago police useually do not even respond to calls regarding illegal eviction. Something else happened or ex told the police something else happened other than getting evicted. I know Chicago police and they do not cuff for not giving her a key.

ChicagoJoe · May 31, 2011, 07:30 PM

I did not get smart with the Police and yes I was put in cuffs. I believe the officer was miss informed on the law. The lease was up April 1st She decided to leave of her own free will. A new lease was established and the landlord changed all the locks.Standard procedure when somebody moves out. I called the Police because she was illegally in my garage (7 weeks after she left) and would not leave. This is when she started up with the illegal eviction story. If for some reason she had felt slighted why didn't she call the cops on the first or second day?

Fr_Chuck · May 31, 2011, 07:41 PM

Your rights were violated, and you need to sue the police and at the very very least, file a complaint with the department.

Even if it was a illegal eviction, it is a civil issue where you can be sued, not arrested. The minute the cuffs went on, you were under custody and this was illegal unless you were causing a problem.

You had the right to ask the officer to leave the property, and not even talk to the officer. I personally would hire a good civil rights attorny, this could be worth a good settlement from the police department.

ChicagoJoe · May 31, 2011, 08:33 PM

Thank you Fr_Chuck. That is the answer I was looking for.

ScottGem · Jun 1, 2011, 03:22 AM

Chuck, is right, assuming your story is accurate. And I'm not saying it isn't, but it does stretch the lines of credibility. If you called the police, a she claimed illegal eviction, you should have produced the new lease, showing she wasn't on it and then showed the officer that her belongings were gone.