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I have a friend who lives in suburban Cook County (suburban Chicago, IL) who rents out 2 furnished bedrooms in the home in which he owns and resides. I believe that he rents them month to month; I'm not sure if he has a lease or if this even matters in this case.
This week one of his tenants per his description "ODed on something and was belligerent...and almost burned (his) house down." The police were called and the tenant was taken to the hospital. While at the hospital, my friend went through his room, finding it littered with pills and things like food and dishes that had been taken from the common areas of the house. He threw away everything he considered to be trash and bagged up the rest and put it out on the porch for the tenant to take away.
Per his account, the tenant returned from the hospital the next morning yelling and banging on doors to be let in. When the other tenant intervened he was sprayed with pepper spray and the police were called again. (Now former) tenant was taken away to be placed in the care of family.
Now I empathize with his situation, because I wouldn't want a person acting like that in my own home, and understand why he would want him gone as soon as possible. But I cautioned him to read up on local tenant laws, because my understanding of what he did is very likely an illegal eviction, and if the tenant has the right knowledge and capacity could take it to court.
I understand this forum does not provide legal council, and that laws and codes vary from location to location, but are there any places or circumstances where what he did could be considered legal? I don't have any real part in this to be overly concerned, and my friend is convinced that he did the right thing one way or another, but I am curious.
Illinois does have an act that allows landlord's to terminate leases and give tenants 5 days to vacate if the sale, use, or manufacturing of controlled substances is found on the property. So there is certainly that but he would have needed to give them 5 days after notice. I haven't seen any references to other criminal acts. He did mention getting a restraining order if needed, but I feel like that would be more effective if it were done proactively now, rather than waiting to see if he files a lawsuit.
Some places don't call room renters tenants but use lodging laws for them instead, he'd need to check locally with a lawyer to confirm that. I'd bet given the circumstances this is a case where the landlord violated the law but in the end justice was done. Some of that depends on what "almost burned the house down" is. If the room wasn't habitable then the tenant wouldn't have a good case. But "the guy oded, try to fight me, and started a fire." is pretty good cause and I highly doubt a judge would say that someone who did that gets to move back in or he'd find a lawyer to file that case.
Rooming house law is quite different from residential landlord tenant law. I don't know what IL law is for outrageous behavior in a rooming house, but it is going to be quick and easy to get that tenant out.
IL landlord tenant law is online and I suggest reading it.
I understand this forum does not provide legal council, and that laws and codes vary from location to location, but are there any places or circumstances where what he did could be considered legal?
Chicago tenant law exempts owner occupied units, rooming houses, and apartment buildings with less than six units, but so far I haven't seen anything within Illinois tenant law that similarly exempts small rentals, rooming houses, etc. So far, the clearest that I have seen have been the clauses on drug use or felony offenses, which both allow a landlord to terminate a lease immediately, but allow the tenant 5 days to move out.
The general opinion seems to be that most of Illinois Tenant law is based upon court precedence rather than written law, which is consistent with my experience when I went through an eviction suit in Chicago. The court proceedings terminated my possession of the apartment but neither my attorney or the landlord's attorney agreed as to whether the lease had been terminated, and thus the owing of future rent. Second opinions said as written I had fallen into a gray area within written law, and it would be up to the court to determine whether the remainder of the lease's rent is owed if the landlord decided to sue. (They sent it to a collection agency instead, and I settled for half the amount, but that whole affair is a story for another time).
Illinois does have an act that allows landlord's to terminate leases and give tenants 5 days to vacate if the sale, use, or manufacturing of controlled substances is found on the property. So there is certainly that but he would have needed to give them 5 days after notice. I haven't seen any references to other criminal acts. He did mention getting a restraining order if needed, but I feel like that would be more effective if it were done proactively now, rather than waiting to see if he files a lawsuit.
Who made the determination the vitamins, aspirin, heartburn medication , legal prescribed drugs, tic-tacks and Viagra were in fact a Sale, Use or Manufacturing of a Controlled Substance that actually occurred?
ODing on something may not have involved drugs and could be the result of an accidental cross mixture of common household products or even the ingestion of foods or liquids. Remember how gut fermentation syndrome became the butt of jokes when it was finally discovered and recognized. Heck, people on some habit cessation medication have reported wild almost LSD type episodes. All that from trying to stop biting one's nails!
Tread carefully on actions based on an assumptions that requires scientific supporting proof.
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