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Old 07-04-2013, 10:49 PM
 
Location: Chicago, IL
49 posts, read 98,131 times
Reputation: 51

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Hello,

Does anyone have any experience with this in Chicago? This person was living with me for the 1 month I have been a homeowner, but I want this person gone now. This person is not listed on the mortgage, has made no payments on the house or anything. This was also not a tenant situation as there was no lease. How much of a notice do I have to give this person by law? What if they refuse to leave? Again, the house was 100% purchased by me, only my name is on all the documents & utilities, but this person has been living with me for 4 months, and for 1 month at the house.
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Old 07-04-2013, 10:54 PM
 
211 posts, read 394,813 times
Reputation: 74
Be prepared to sign a criminal complaint (have the person arrested), before you call the chicago police. If you don't sign the complaint, chances are nothing will happen and the person will still be on your premise. That stuff about "leaving for a while" is worthless. No "notice" is required according to scenario you described.

Quote:
Originally Posted by viv_smi98 View Post
Hello,

Does anyone have any experience with this in Chicago? This person was living with me for the 1 month I have been a homeowner, but I want this person gone now. This person is not listed on the mortgage, has made no payments on the house or anything. This was also not a tenant situation as there was no lease. How much of a notice do I have to give this person by law? What if they refuse to leave? Again, the house was 100% purchased by me, only my name is on all the documents & utilities, but this person has been living with me for 4 months, and for 1 month at the house.
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Old 07-05-2013, 06:07 AM
 
28,453 posts, read 85,379,084 times
Reputation: 18729
Default This will be considered a "domestic situation"...

You will need to file a police report, sometimes the cops can be useful in helping the "person" understand that it is best leave...
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Old 07-05-2013, 06:12 AM
 
Location: River North, Chicago, Illinois
4,619 posts, read 8,170,326 times
Reputation: 6321
You say "what if" they refuse to leave, which leads me to believe you haven't even asked them to.

Start with that.
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Old 07-05-2013, 06:31 AM
 
846 posts, read 1,400,926 times
Reputation: 1020
^^ I was just going to say that. Ask them to leave first, give them some notice to allow them to find somewhere else to go.
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Old 07-05-2013, 09:01 AM
 
4,006 posts, read 6,038,723 times
Reputation: 3897
Seems like there's more to the situation? Is this a domestic dispute with your husband/wife/girl/boyfriend/relative?
They don't rent, have no lease, have no name on the mortgage.....why don't you just TELL them to leave? What legal grounds do they have for refusing? It's YOUR house!
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Old 07-05-2013, 10:06 AM
 
Location: Bay Area
1,490 posts, read 2,678,872 times
Reputation: 792
Since you allowed them to live with you I think you have to get them evicted and properly served if they won't leave willingly.
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Old 07-05-2013, 10:20 AM
 
968 posts, read 2,665,991 times
Reputation: 431
That's the case in at least one place I know ; a friend had to do that with someone that had been living with them for 2 months in his condo - the police told him it was a civil matter if the person had been living in the location for longer than a specific period .He was flabbergasted, but had to comply almost as if he was an arms-length landlord. I've never heard of this in Chicago, but , I'm not an attorney, so ..who knows? The police would be a good first step - they'll inform the OP if they can do anything or not .
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Old 07-05-2013, 02:37 PM
 
263 posts, read 567,668 times
Reputation: 467
I am not a lawyer, but rather a landlord speaking from my experience. If the occupant has "established residency" (which the police define as beginning after only sleeping there one night) then it becomes a civil matter and the property owner would have to go through the eviction process.

Given that the occupant is not a tenant, what is to stop him/her from saying that the two of you have an oral lease (an understanding) and he/she has faithfully paid you $400 a month as rent?

IMO, if the occupant is not committing a criminal act, it is best to compel them to leave of their own volition.
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Old 02-04-2014, 09:49 PM
 
1 posts, read 3,018 times
Reputation: 10
I have two adults who are refusing to leave. I have asked them to leave and they refuse to leave. They do not get mail here, but they have been here for more than 30 days. I need them to get out of my house! Please help.

Tennessee*
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