Legal Question in Landlord & Tenant Law in Illinois

If there are two co-owners of a house, can one owner evict and remove the property of a third party when the other owner is against the eviction? There was never any money owed and not written agreement on rent.


Asked on 9/23/14, 11:22 am

1 Answer from Attorneys

The Illinois Forcible Entry & Detainer Act says you can maintain an action to evict if a person takes possession with permission but that permission ends -- in a situation like this it usually would require a 30-day notice. However, the problem is that one owner apparently is still granting permission. And each owner has the right to control the entire property. This is what happens especially in tenancy in common situations where there are 2 owners. If you had a 2 to 1 situation, then a court may find there is an oral general partnership and that the majority controls, but when there are only 2 owners, this is called a deadlock. About the only thing you might be able to do is force a sale of the property through partition, and the threat of partition may be enough to loosen the situation up, or kill it. Time to talk to a lawyer and lay out all of the issues.

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Answered on 9/23/14, 12:15 pm


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