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c0nfused · Aug 10, 2009, 08:05 AM

We have a 17yr old minor that is almost 18. He has multiple issues, comes and goes from the house whenever he feels like it. Is rude, disrespectful, swears in front of the younger children, etc.

He has no interest in getting a job, he just wants to hang out with friends all day\night, and just eat\sleep here.

He needs to go at 18. We have had dozens of talks with him, and if he does not like the discussion, he just walks out of the house and is gone for hours.

He needs to go experience life on his own, as he has all the answers.

We called the police, and were informed that since he is still in school, we can't kick him out until he finishes school. Regardless if he is 18 or not. However if he decides to drop out of school, we can kick him out right then and there if we want.

I need to clarify this law or statement for IL on the 18 and still in school, as we have had miss-information before from the police on simple stuff like curfew times (officer said it was 10, it's really 11). I want to know what IL LAW states, not what an opinion\theory of 1 officer may think the law is.

N0help4u · Aug 13, 2009, 01:38 PM

I do think he has to be 18 and not going to school. You would have to go to the school and speak to them about dropping him out if that is the step you have to take. You would have to sign for him to drop out anyway.

Then to get him out of the house you have to give him a written eviction letter for 15 or 30 days according to your state law. Then if he doesn't leave go to court and serve him with another eviction notice. Then after that the Sheriff/constabul escorts him off the property if he still hasn't left.

c0nfused · Aug 13, 2009, 02:46 PM

Originally Posted by N0help4u

I do think he has to be 18 and not going to school. You would have to go to the school and speak to them about dropping him out if that is the step you have to take. You would have to sign for him to drop out anyway.

Then to get him out of the house you have to give him a written eviction letter for 15 or 30 days according to your state law. Then if he doesn't leave go to court and serve him with another eviction notice. Then after that the Sheriff/constabul escorts him off the property if he still hasn't left.

Cop said if he drops out, we can kick him out, no judge or notice needed if over 18... wish I could find something in writing...

N0help4u · Aug 13, 2009, 02:50 PM

The safest foolproof way to legally evict him is the way I said. You may want to ask at the police station to have that put in writing that they said you can do it that way.
If they won't then I wouldn't trust it.
I can't find anywhere that you can just kick him out once he drops out without doing the eviction.
You can try but it may cause more problems than its worth.

ScottGem · Aug 13, 2009, 06:11 PM

I can find nothing to support just throwing your son out. As noted, the safest thing is to go through the formal eviction process.

Your birthday present to him should be a 30 day termination of tenancy notice. If he's not out within the 30 days, then file for an eviction.

c0nfused · Aug 13, 2009, 06:51 PM

Thanks everyone for the input... I like the 30 days b-day present :D

N0help4u · Aug 13, 2009, 06:59 PM

30 DAY NOTICE

TO: [Tenant's Name and Address]

YOU ARE HEREBY NOTIFIED THAT your tenancy in the premises situated in the City of [Tenant's City], County of [Tenant's County], and State of Illinois, being described as follows: [Tenant's Street Address] shall be terminated as of [Date].

Demand is hereby made that you vacate the said premises and deliver up possession thereof to the undersigned at that time. No further demand shall be necessary before bringing legal proceedings to recover the premises.

Dated this [Day] of [Month], [Year].

By: [Signature]