Legal Question in Real Estate Law in Illinois

Evicting a tenant

I plan to serve a 5 day eviction on a non paying tenant. My sister and myself are equal owners of the building. Do we both need to sign the 5 day notice,there is room for 1 signature on the form.I will also have a proof of service form done the following day and that form also has room for a single signature. Is the one signing acting as the agent for the other or are both signatures required ?


Asked on 6/11/09, 2:45 pm

1 Answer from Attorneys
Walter Palmer Law Office of Walter Palmer

Re: Evicting a tenant

Signing as an agent is OK, but unless the eviction has a power of attorney attached from the non-signing party, it could be contested. My advice would be to squeeze both signatures onto the form.

I could be argued that you and your sister are a partnership, but if I was being evicted, I would argue that the non-signing sibling did not agree - or at least there was no evidence that they did agree. My argument might not win, but it is credible enough to buy a few more weeks. "Don't buy a lawsuit".

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Answered on 6/11/09, 3:39 pm


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