[Lou Dave]

My mom bought a 150K mini farm with her inheritance while she was legally separated from my father. He convinced her to stop the divorce and let him move in with us by promising to "give his check home and support us." She moved us and him into our home and she bought everything to furnish it including a jeep and a used truck. She has pretty bad asthma and COPD and only works p/t sometimes. We had insurance on the cars and house, a phone, food on the table. When her money started to run low my dad got a job for 33k a year. He has given us $100 a week for everything since then. He paid the first year of taxes here and then said it wasn't his house, he wasn't paying any more. He totaled the uninsured truck and never replaced it. Then he wouldn't go to work unless he took her jeep, or she drove him. She got pulled over driving him to work and lost her license because of the lack of insurance. He wouldn't pay the ticket, and just got his own vehicle. After 4 years she got a notice that the taxes were bought and the tax buyers were getting the house. My mom sold the house to a real estate broker for 25K to cover the taxes and a small escrow. I turned 18 then, and he sold the house back to me on a contract to buy(for almost) the same amount. My dad still gives $100 cash a week to her for everything. He won't help with the taxes due now, but does pay enough on the electric bill to barely keep it on, (it is in his name). I've asked him to move, told him to get out, suggested he could stay if he paid some rent and signed a lease. My mom would love to get divorced but he won't pay for it. (The real estate agent had my father sign the sale papers to the house too, when it was sold to him.) How can I evict him when he doesn't pay me rent?We live in Illinois and the real estate broker sent me a general lease agreement for my father to sign so I could get some rent from him. He just laughed.

[Fr_Chuck]

Since he pays 100 a week, he is a renter on a verbal rent agreement, give him an official 30 day notice to move. After that if he does not move, take him to housing court for an eviction.

[Lou Dave]

I have been reading up on the State of Illinois rules for landlords-tenants. As I understand it, there are 3 notices a landlord can give, a 5, 10, or 30 day notice. I 'm not sure I understand the difference between the 5 and 10 day notice. It seems a 5 day notice is a demand for rent- if a verbal or written "lease has been breeched", it terminates the "lease" after five days if : rent is not paid on the due date, the lessor may serve on the tenant a five-day notice stating that unless the rent is paid within five days of service, the tenancy will be terminated. The tenant can avoid any eviction proceeding by tendering to the lessor the rent due. Which means they pay the money and can stay. Its says a 5 day notice should only contain overdue rent- not other lease violations, damages to property or livestock restrictions.

The 10 day notice is for verbal or written lease violations that can be correcred by the tenant, and is called a notice to quit- tenancy. If the tenant has created a disturbance of neighbors, the ten-day notice must give the tenant the opportunity to remedy the violation, "unless the breach is remedied by the tenant within that time period" it can also name non payment of rent in the notice.

A 30 day note is for landlords and tenants who are unable to come to a written or verbal agreement and simply gives the renter 30 days to gets out if no written lease is present and a week to week, or month to month situation exists.

So my question is this: After I verbally state my rent, security deposit, household rules and pet/ livestock limitations- how do I proceed? Do I first give a five day notice- 6 days after I state the written or verbal lease terms/ (I am willing to sign a 6 month written lease with rent due and animal provisions) then - give a 10 day notice when the animals have not been removed from my property and rent not been paid? I'm not a total jerk, he has 4 horses in my pasture that WAS fenced but since he's not feeding them enough they have broken 1/2 acre of fencing and the neighbors keep coming to me to get them off their property. If he's willing to repair the fence, feed his horses enough and pay rent he could stay, (as long as he continues to do so.) Or do I start with the 10 day notice and then give a 5 day notice- Please help.

[rockinmommy]

Go to your local Justice of the Peace's office. They will have eviction paperwork that you fill out and turn into them to get the eviction ball rolling. In that paperwork it will tell you what notice you must have given the tenant and the proper time frame that needs to have passed since he was given that notice.

I used to own rentals in IL, but I just don't honestly remember what the notice period was.

From a landlord's standpoint, as well as a human standpoint, I don't see what you're going to gain by allowing him to stay. Even if he briefly cleans up his act (to get what he wants) he's going to revert to his same old ways, or worse. Obviously there's a lot of history, emotion, etc going on here - not just a matter of landlord/tenant law, but as a landlord and a son I think you'd be saving yourself a lot of trouble and heartache down the road to just get him out and do not allow him to come back.

Best of luck,
Karla in TX