Can they make us move

[Nothingasitseems]

Jurisdiction

Illinois

My elderly mother rented a 2br apt i help take care of my mom and of corse me and my mother butt heads some one called the police one time and now the land lord is telling my mom that I can not be there and if I am going to be here that we have to move. My mother is one of those you have to fallow all the rules and do what your told but the rent is ALWAYS paid ontime and as far as I know no one eles has complained about anything other than the one time we were arguing. We live in a suburb of Chicago this land lord/ property manager has called my mother while she was out with family saying she is going to enter our apartment to see if my belongings are in the unit , she has told my mother that we are going to be evicted for no other reason other than she just doesn't like me can they do that ?

 

[Red Kayak]

If the terms of the lease are violated, then the LL can inform the tenant of the potential consequences.

Your mother is apparently the tenant. It sounds like you're not on the lease. The time to get added to the lease as an authorized occupant is before you move in.

Your mother violated the terms of the lease by allowing you to live there. Some of the remedies that the LL has:

1) Add you to the lease. This is not going to happen, because the LL is unwilling to approve you.

2) Request that you leave, by sending your mom an Unauthorized Occupant Violation Notice. This is where you're at.

3) After formally notifying your mom of her lease violation, if you continue to stay there, the LL can begin the eviction process. Of course, if your mom's lease is ending sooner than the LL could reasonably expect to go to court for eviction, the LL could just notify mom that the lease will not be eligible for renewal.

So yes, if you are not an approved occupant, then you are a "guest", and you can be asked to leave.
And yes, there are circumstances where a LL/property manager can enter an apartment for an inspection.
Finally, yes, your mother can be evicted if you do not leave.

I am not completely unsympathetic; caring for an elderly parent is complicated.

 

[EeeeekitsaMouse]

My elderly mother rented a 2br apt i help take care of my mom and of corse me and my mother butt heads some one called the police one time and now the land lord is telling my mom that I can not be there and if I am going to be here that we have to move. My mother is one of those you have to fallow all the rules and do what your told but the rent is ALWAYS paid ontime and as far as I know no one eles has complained about anything other than the one time we were arguing. We live in a suburb of Chicago this land lord/ property manager has called my mother while she was out with family saying she is going to enter our apartment to see if my belongings are in the unit , she has told my mother that we are going to be evicted for no other reason other than she just doesn't like me can they do that ?

You're living in your elderly mother's apartment, not in an apartment you both jointly rent. If the landlord wants you gone, you need to leave. Taking care of your mother doesn't give you tenant rights. If there was a fight between yourself and your mother that was so bad that the police were called, I don't blame her landlord for telling you to get out.

 

[adjusterjack]

There are laws that the landlord must follow in order to get a tenant or occupant out.

They typically require proper written notice and cause. Inspections often require advance notice, sometimes in writing.

Read the IL landlord tenant statute.

https://law.justia.com/codes/illinois/chapter-765/act-765-ilcs-705/

 

[Tax Counsel]

As I recall there are a couple of states that limit the right of a landlord to have rules that have the effect of preventing close relatives living with the tenant, particularly in cases where the relative is also the primary caretaker for the tenant. Unfortunately for you, it doesn't appear that Ilinois has any law like that. However, if the landlord didn't have written tightly enough there may be a gap into which you would be allowed to stay. Also, landlords are restricted regarding when and under what conditions they may enter the tenant's leased premises. You and your mother may want to consult an attorney who helps tenants with landlord disputes and ask the lawyer to review the lease terms for advice regarding whether the landlord may prevent you from living there or evict your mother because you are living there.

There is help available to you and your mother too. Try contacting the following agencies to see what help they may be able to give you:
Illinois Housing Development Authority
U.S. Department of Housing and Urban Development (HUD) Illinois Office
Illinois Department of Human Services — at the bottom on this page are more links to additional housing help