Legal Question in Real Estate Law in Illinois

Heir property and squatter's rights

My mother recently passed leaving me the house we both lived in. My brother moved in 5 months ago with the intention of moving to a home for his family. My concern is his right to this home after living here for almost 6 months. I have owned the home since December 2004, but I'm still concerned why he is not moving out, although I have told him to leave on several occasions. Will he have rights to this home after living here for a certain number of months? By the way, he does not pay rent, nor will I accept rent from him. Should I give him a 5-day or 30-day notice to protect my rights?


Asked on 10/15/07, 11:06 am

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

Re: Heir property and squatter's rights

Are u living in the home too? A person needs to live in a home for 20 years to get rights and it's really even more complicated than that. I'd need to do some research on an appropriate notice...it's not a 5-day that's for failure to pay rent and probably not a 30-day either because that's for a month-to-month lease.

Practically you should just not let him into the place. If he's not an owner or a tenant you could just change the locks.

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Answered on 10/18/07, 10:13 am


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