Legal Question in Landlord & Tenant Law in Illinois

My ex-wife and I divorced 2 years ago. We've both moved out of the home we both own. Her 28 year old son (my stepson) lived in the home for another year, cutting the lawn and maintaining things in lieu of paying rent as we put the home on the market. He moved out about 6 months ago, but since it was winter, no lawn maintenance was required and the house remained empty. As Spring broke and the grass began growing, I asked him to continue mowing the lawn for me, as he lived just a few blocks away and I am now nearly an hour away. He refused. I found someone else who I am now paying to mow the lawn. I just found out that my stepson has actually moved back into the house a week ago, but still refuses to take care of the lawn. I am paying the utilities there and have told him that he can either help by taking care of the yard and home while staying there, or move out. His mom will not agree to force him out. Can I have him removed? He's not paying any rent. He moved back in without my knowledge, and is refusing to do any maintenance while staying there. Again, my ex-wife says he has her permission to be there.


Asked on 5/06/13, 8:16 pm

1 Answer from Attorneys
Stephen Messutta

It may depend on what the marital settlement agreement says, as to who has authority over the house. If you both do then either one of you could start eviction but if she is saying she has given approval then you may very well be stuck. Have an attorney review the marital settlement agreement.

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Answered on 5/08/13, 12:21 pm


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