Legal Question in Real Estate Law in Illinois

I'm 20 years old and live with my father and his girlfriend in a rental home. They didn't sign a lease or any document so is it legal for my fathers girlfriend to kick me out of the house because we got into a verbal argument. I haven't broken any laws and my grandmother whom my dads girlfriend takes care of and is her power of attorney. My grandmother pays for the rent. So does she have any jurisdiction to kick me out?


Asked on 1/21/14, 8:42 am

2 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

Even without a lease, there is a tenancy, most likely month to month. As far as kicking you out, they can ask, but they should not take any action to physically remove you or your belongings without a court order.

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Answered on 1/21/14, 9:07 am

I agree with Mr. Repay that she can not without a court order, but I have a question as to who the real tenant is because your statement of the situation is confusing. I can't tell if your grandmother is the real tenant or not: just because she pays the rent doesn't make her the tenant. And if she is the tenant then you, your dad and his girlfriend could be your grandmother's subtenants. And then the three of you are like "partners" and without a partnership agreement your dad's girlfriend would have no say-so on her own to take any action against you, and only your grandmother might have the "jurisdiction" to evict you. If your grandmother is NOT the real tenant, the outcome could be different. So it might be worth your while to clarify this if you can.

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Answered on 1/21/14, 2:53 pm


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