Legal Question in Landlord & Tenant Law in Illinois

My niece was living with my brother-in-law. My brother-in-law had my niece arrested for stealing from him. She has not stayed in the house since (roughly 3-4 weeks ago), but she does have personal property there and receives mail there. Is she still a resident of the home? Does he need to evict her?


Asked on 9/28/16, 12:24 pm

1 Answer from Attorneys
Stephen Messutta

This is a new one, but since you don't say if she's in jail or just elsewhere, let's start by assuming she just is living elsewhere and is afraid of returning for her stuff. A court may determine this is an abandonment. Regardless, I think that given the situation and so your brother-in-law doesn't prejudice his own situation with regard to the alleged theft, he should follow the law on evictions to a tee on the assumption she was a month-to-month tenant.

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Answered on 9/29/16, 8:31 am


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