Roomate evicting a roommate that is a family member

[aisha86]

I moved into my apartment 4/1/2014, my cousin who happens to be my roommate could not be put onto the lease being that she is currently under bankruptcy, but the landlord still allowed her to stay and she pays half of the rent and utilities. Since her name isn't on the lease and we are currently having issues pertaining to her not paying the bills on time and never gives her portion of the rent money until the the 5th instead of the 1st monthly, also her constant guest, which happens to be her boyfriend spends the night almost daily, can I give her 30 days notice to vacate the premises? Is she still responsible to pay September's rent if I give her the 30 day notice before the end of August, which means she has until the end of September to leave? Must I get the 30 day notice notarized? Also, she can not attempt to sue me if I give her the half of the security deposit back that we jointly paid? I'm kind of in a bind and need assistance quickly. I known I am to inform my landlord of any rental or tenant changes, I'm not to knowledgeable on my rights as a tenant and as far as removing a roommate being that this is first apartment and first time being out on my own period. Any help is appreciated. Thanks in advance

 

[army judge]

You might give up seeking any payment from her. Why?
It's obvious she was, and remains a deadbeat.

At this point, you can try to evict her using the legal system.

Read how it's done in Illinois:

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=3917

You must follow every step as given, no shortcuts, no exceptions.

You might find yourself unable to bring the eviction. If that's the case, your landlord will have to do it.

You can sue her in small claims, but absent any WRITTEN agreement, it's highly unlikely you'll ever see one dollar of any judgment.

If I were you, I'd cut my losses and get her out, LEGALLY.

Some people offer these deadbeats $500 to $1,000 to get them out sooner, rather than later.

Get it in writing, and pay her after she's out and you have the keys and her signed agreement to leave for XXXX dollars.

Why would you do that?

Evictions can take time, often 12-16 weeks, give or take.

 

[mightymoose]

While you pursue the eviction you might be able to pull strings with family members to persuade your cousin to pay up.

The warning signs were already there when you allowed her to move in with you. Don't repeat this mistake.