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  1. #1

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    Can I legally give Roommate notice?

    I am the only person on my lease. My roommates pay me rent directly and I pay the landlord. There is no written lease with my roommates. I recently had someone I do not know move in. It is not working out, she has taken over my house refusing to allow me to live comfortably. She moves my things around and yells at me when I ask her to do something (such as leave something of mine where I put it). Because of her behavior I gave her 6 weeks written notice. She blew up at me saying she has rights and I cannot kick her out. I am emotionally drained over the whole situation to the point where I just want to move myself rather than deal with this.



    My question is this, what are her rights and what are my rights? I just want her gone by the end of the 6 weeks- what can I do if she doesn't leave? Also I am afraid she won't pay her share of the rent for March, what can I do if that happens?
    Thanks

  2. thelawprofessor's Avatar
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    Sure you can kick her out. The easiest way is to give her 30 days notice not to renew your lease with her. If she challenges you about the sublease, tell her that it's called a sublease for a reason! It seems you have given her more notice than 30 days (in some states it could be as much as 60 days since you need to provide 30 days notice prior to the rental period, meaning if you provide notice on 3/15 not to renew the lease which begins and ends on the first day of the month, you may not be able to evict the tenant until after 3/31 since he/she has the right to stay through the full rental period.)

    Provide in a second written notice that if she does not pay for the current month's rent and you are forced to go through with the eviction, she will be liable for all reasonable legal and enforcement costs. Most will protest and yes, it is a pain, but it usually does motivate people when they realize they will be on the hook for much more money. Some people are incorrigible. This is why screening a prospective tenant is always important because enforcement is not always an easy remedy.

    Quote Originally Posted by lambchop99
    I am the only person on my lease. My roommates pay me rent directly and I pay the landlord. There is no written lease with my roommates. I recently had someone I do not know move in. It is not working out, she has taken over my house refusing to allow me to live comfortably. She moves my things around and yells at me when I ask her to do something (such as leave something of mine where I put it). Because of her behavior I gave her 6 weeks written notice. She blew up at me saying she has rights and I cannot kick her out. I am emotionally drained over the whole situation to the point where I just want to move myself rather than deal with this.

    My question is this, what are her rights and what are my rights? I just want her gone by the end of the 6 weeks- what can I do if she doesn't leave? Also I am afraid she won't pay her share of the rent for March, what can I do if that happens?
    Thanks
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    Roommate not on lease-danger to me

    I am experiencing the same problems. The roommate was brought in almost three months ago to test to see if we could live together. It has been a nightmare. He has been told to start looking for another place and was officially told he had 14 days to get out. Period. He was arrested two weeks ago for theft and I has discovered he has drug/alcohol problems. I also discovered when he said he would put the electric in his name he has illegally "flipped" the meter t o run backwards and since my name is on the apartment, I would probably go to jail! One problem is he has starting doing odd jobs for my landlord who likes him. He is not even paying the $100 rent he promised and I had to have the landlord take it out of the money he was paying him to do work. This Friday is the end of the two weeks and he has yet to get his stuff out. I told the landlord I was tossing his stuff out on Sat. if it was still there. What can I do? I feel like I'm endangering my girlfriend and kids to even be around the guy and ITS MY PLACE! HELP! PS- I live in Illinois in case laws differ by states.

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    Check with a Landlord/Tenant Attorney as I believe you cannot throw his stuff out. You might be able to charge him storage though. Again check your local laws.
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    But am I within my rights to have him out? He was never given keys to the apartment so if I just lock it, I am not breaking laws, correct?

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    FILING AN EVICTION - Illinois

    Sample Notices

    Typical Landlord's 5 Day Eviction Notice on Rentlaw.com
    Typical Landlord's 10 Day Eviction Notice
    Typical Landlord's 30 Day Eviction Notice
    Written Notices Required: Illinois law generally requires a written eviction notice. The landlord must serve the tenant with the written notice before filing a court case. There are two exceptions:

    A lease can waive the right to notice. Ill. 2d. 1, 370 N.E. 2d 504 (1977); Frocks v. Ziff, 397 Ill. 497, 74 N.E.2d 699 (1947).
    If the lease sets a fixed time for its expiration, no written notice is required. 735 ILCS 5/9-213.
    If the landlord gives a notice anyway, it must comply with the statute. Local ordinances can also require a written notice, as is the case in Chicago.Service of Notices

    Services may be tendered in one of three ways in most cases:

    Personal service on the tenant;
    Personal service on someone at the tenant’s home, more than 12 years old;
    Mailing to the tenant by certified or registered mail, with a return receipt from the tenant.
    If no one is living at the tenant’s house, the landlord may post the notice.

    If the tenant gets the notice, improper service may be waived. Proof of non-receipt can be difficult if the service of notice is proper on its face. Sometimes the landlord acknowledges improper service, by, for example, posting the notice when the tenant is in possession.


    Contents of Notice

    Premises Described: The notice must describe the premises well enough so they can be identified.

    Notice of Termination: The notice must say that the tenancy will be terminated. It does not have to use the word “terminated”, but it must make clear that at the end of the notice period, the tenant will lose rights to the home.

    Certificate of Service: The affidavit of service does not need to be completed on the copy given to the tenant. After the tenant is served, the landlord should complete the affidavit of service and sign in front of a notary. A copy of the notice with a completed affidavit of service and a notary’s signature must be filed with the court file.


    Dates: Date of Service - Notices may not be served until after the default, if the notice is based on a default. Regardless of the date on the notice, the notice period does not begin to run until after service.

    Date of Termination: Notices do not have to give the date on which the tenancy will terminate. They must give the number of days after service of the notice that the tenancy will terminate. The landlord may give more days than the statutory requirement.

    Even after the tenancy is terminated, the landlord still must proceed with a court order for the eviction. It is the termination of the tenancy that gives the landlord the right to file a court action seeking eviction.

    Until the full notice period given for the notice runs, the landlord cannot file in court for an eviction action.

    How to Count the Period: The notice period is counted starting with the day after the notice is served. The last day of the period is also excluded if it falls on a Saturday, Sunday, or holiday. If the tenant was served by mail, the notice period starts from the day after the tenant actually received the notice.

    Landlord’s 5-Day Eviction Notice: A five day notice is given for nonpayment of rent. It must state the amount of rent due and give five days for the tenant to pay the rent.

    Click here to see a typical landlord's 5-day eviction notice.

    What Rent Is Due

    The notice can only ask for the rent that is actually due at the point the notice is issued. The notice must give a definite amount of rent as due and owing. Only rent can be included in the notice.

    If the Tenant Owes Less than Demanded

    If the tenant owes less money than the landlord has demanded, the tenant needs only to pay the actual rent money due and owing to defeat the eviction notice. The tenant must pay all that is due, however; payment of less than what is due will not defeat the eviction, even if the landlord demands more than what is owed.

    Payment of Rent Due
    Tender
    If the tenants can pay the rent due, they should tender the money. Tender is when a tenant offers the rent due to the landlord. Ideally, tender should be made in the presence of witnesses. The tenant should get a receipt if the landlord accepts the money. Tender must be made before the five days are up. Tender will defeat the eviction action even if the landlord refuses the money.

    Full payment
    If the notice does not contain language saying only full payment will waive the notice, then the landlord’s acceptance of even partial payment can be argued to reinstate the tenancy.

    Landlord’s 10-Day Eviction Notice
    A ten day notice is given for violating any lease provision. There is no right to cure a 10 day notice under state law. There is a right to cure under some ordinances. Acceptance of rent for a period after the notice is issued can waive the notice.

    Click here to see a typical landlord's 10-day eviction notice.

    Lease violations
    The violation cited must be a violation of the lease, not a side agreement. Landlord need not specify conduct but must give the “character of the default, ” or a general description of what provision of the lease was violated. Any ambiguities in the lease are construed against the drafter.

    Where the 10 day notice is based on nonpayment, the Illinois Supreme Court has permitted the tenant to cure by tendering the rent within the 10 day period.

    Repeated nonpayment or late payment of the rent could also be grounds for a 10 day notice, possibly without a right to cure.

    Landlord’s 30-Day Eviction Notice
    Where there is a month-to-month tenancy, the landlord may terminate it at any time by giving a thirty day notice. The landlord does not need to give any reason for terminating the tenancy.

    Click here to see a typical landlord's 30-day eviction notice.

    Annual Leases
    Landlords are required to give a minimum of 60 days’ notice of the termination of a year-to-year lease, and no more than six months’ notice.



    Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.
    For non legal parenting help go to www.parentnook.com

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