Legal Question in Landlord & Tenant Law in Illinois

I live in an apartment building owned by my family. The last week of September 2012 invited a woman to live with me. The terms of my lease say I can have a guest for 30 days. My father wants her out of the building, so do I. She is trying to claim rights due to the food and $60 she gave me for October's electric bill.I did not charge her rent, nor make a rent agree ment for the future.On November 5th I sent her a text stating I could give her till the end of the month (Nov 2012) to move. On Nov. 6th she called my father telling him "thats not the way it works" and he told her she had 10 days to move out. What are the legal rights of both myself and herself?


Asked on 11/08/12, 9:07 am

1 Answer from Attorneys
Stephen Messutta

Once you let her move in and pay anything you created a tenancy. Since the terms are unclear, most courts consider this a month-to-month tenancy, requiring one of two kinds of notices to evict: (1) 5-day for non-payment of rent or (2) 30-day for any or no reason. Since a 5-day raises certain defenses, many choose a 30-day. That means 30 days prior to the next "rent" date and if that is uncertain, then as today is 11/8 if you gave a notice today it would not be "good" until 1/1/13, as less than 30 days remain until 12/1, being the next possible "rent" due date. Then, if she fails to vacate, you have to file an eviction case, and time marches on. Since there may be more facts that could change the scenario, you are best advised to sit with an attorney who can spend the time to see if there are those facts, but what I've said above is the most "conservative" approach. And then again your community may have some kind of landlord-tenant ordinance further impacting the situation.

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Answered on 11/08/12, 12:51 pm


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