Legal Question in Landlord & Tenant Law in Illinois

Roommates Not on Lease

I am the only leaseholder in my apartment, and I would like to kick out one of my current roommates. There is no written or verbal agreement between the two of us regarding the duration of her occupancy. There is also nothing in my lease that makes it illegal to have roommates. Can I legally kick her out, and if she refuses to move out, can I legally change the locks? I live in Chicago.


Asked on 3/20/07, 6:07 pm

2 Answers from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Roommates Not on Lease

By accepting rent from her and allowing her to live with you, you do have an oral agreement. You can do as all landlords must and that is give her 30 days written notice. You cannot change the locks. You must go through this process - if she does not leave, you must go to court to legally evict her.

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Answered on 3/20/07, 6:34 pm
Noelle Ansley Noelle Ansley

Re: Roommates Not on Lease

In addition to Ms. McDonagh's excellent comments, I would suggest you visit the website of the Clerk of the Cook County Circuit Court (just run "Dorothy Brown" through a search engine) for more information on the eviction process. You can also find information on that site about legal clinics and legal aid agencies that can assist you if you do not feel you can handle the eviction on your own. Good luck.

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Answered on 3/20/07, 7:06 pm


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