Legal Question in Real Estate Law in Illinois

chicago rlto and case law

There is a written contract with a

tenant for an apartment. Someone

else moves in with this person. There

is no contract signed with this

person. However later on the that

person moves out and does not pay

rent. The person not on the contract

does not leave. An eviction notice is

sent to the contract holder.

Afterwards the person is evident

forcing the other person to leave.

The person claims that they are a

tenant due to an oral agreement

which is false. How can I prove this

in court. Also while the tenant was

living there he got married to the

person a few months after moving in

but then seperated. Does marriage

make the person a tenant? Does

anyone have any cases to back up

that the person must have a signed

lease.


Asked on 8/29/07, 1:24 am

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: chicago rlto and case law

I think it would depend on what point in the proceedings that you are for my answer. If you haven't filed suit yet, my answer would be to do what we do on all evictions...you reference "any and all unknown occupants" as is set forth in the Forcible Entry and Detainer Act. Because then the court would give u an Order of Possession against the named defendant AND any and all unknown occupants. Practically then when the Sheriff goes out to evict they'd remove anyone who is there.

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Answered on 8/29/07, 11:20 am


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