Legal Question in Landlord & Tenant Law in Illinois
Is it legal to kick me out the same day?
I am living with my boyfriend in the apartment that he rents with his roommate. He wants me to stay and his roommate wants me to leave. The owner of the condo is the roommate's mother, but they are JOINT tennants. I have been living her for 5 months and I receive mail here.
Is it legal to kick me out with only one tennant wanting it?
And is it legal to kick me out immediately without waiting 30 days?
Wheeling, Illinois
1 Answer from Attorneys
You are not a tenant; if anything you are your boyfriend's "subtenant". So his room mate could start evicting you, in part depending on how the lease is drawn up, which an attorney should look at. In situations like this, however, people in your position are normally considered like month-to-month tenants and therefore "30 days notice" is required. If you are not paying any rent, the 30 days could fall on the day that is 30 days after notice is served on you, or from some other date. Again without more information that is hard to say but that is in part the landlord's dilemma, which may become yours when it is served. How nasty things get before then, however, is an entirely different story.