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rebecca921 · Dec 30, 2011, 10:03 PM

I am a 20 year old, living in Illinois, under her parents roof. I have not been asked to pay rent yet, but have done work around the house. I have maintained a job now for over a year and now am recently able to afford moving out. Things at home have become violent and the police have been called, by myself. I, just today, received an eviction notice printed off the internet, which was tapped to my bedroom door. I did not sign it, nor did a lawyer, in which it states they should. I was not "served" by an officer, or a lawyer. I was told, legally, I have to have a place to live already before I am evicted. This to me sounds like my parents do not know what they are doing and this "eviction notice" is not legit. Advice, comments, etc.

Fr_Chuck · Dec 30, 2011, 10:15 PM

NO this is their first notice they are required, it sounds like they very much know what they are doing.

If you do not follow this notice, then they will go to court, and you will have a court record of being evicted ( not good for looking for future housing in years to come)

So if you don't move with this notice, then they have you served ( but taping to the door is allowed in some areas for legal notice by the court) Or even mailing it certified in some areas. Or even served to a family member living in the same house.

So if you don't move with this notice, they do the court thing, but they are required to do this first.

rebecca921 · Dec 30, 2011, 10:40 PM

So, even though the eviction notice states that a lawyer has to sign off on this eviction notice, its still legit?

ScottGem · Dec 31, 2011, 08:21 AM

First, this is a real estate issue, not family law. It does not matter that you are related to the home owners, you are a resident in their home and need to be treated as a tenant.

Second, ANY question on law needs to include your general locale as laws vary by area. Without knowing what laws cover your area or what this notice said exactly it hard to advise.

However, the first step in the process to remove a resident from the property is a vacate notice. Such a notice can simply state that you are required to vacate the premises by a certain date. Such a notice does not require an attorney's signature. Nor does it require service by a licensed process server. Nor does it require you to sign it. It requires the following elements:

Your name
The address to be vacated
The date or time frame by which you must vacate.

Yes its possible your parents printed off an incorrect form, but as long as those three elements are included in the notice it is valid.

So, you are required to vacate by the date indicated in this notice. If you do not vacate, then your parents next step will be to file for an eviction notice from the courts.

And, whoever told you that you had to have someplace to move to before you could be evicted was wrong.

AK lawyer · Dec 31, 2011, 11:14 AM

Originally Posted by rebecca921

So, even though the eviction notice states that a lawyer has to sign off on this eviction notice, its still legit?

My guess is that whoever posted the form on the Internet was concerned that if people tried to do it themselves they might do it wrong, so they included cautionary advice about "always run it buy a lawer" whenever you do anything more complicated than blowing your nose. :D