Legal Question in Landlord & Tenant Law in Illinois

I live in Illinois. I allowed a "friend" to stay with me TEMPORARILY until he found another place to live. I currently rent my home from another person, and the friend is not on my lease. After 2 weeks, I told him the landlord did not want him and his pets here any longer that he needed to find another place to live by December 1. When December 1 rolled around, he refused to leave. When I called the police to have him removed, I was informed that I cannot remove him without going through the courts to "evict" him, because he had established residency by having his mailed forwarded to my home.

He refuses to leave, laughs in my face that I cannot make him leave. I served him with a 5-day notice to quit on the 2nd of December and he tells me that he can wipe his butt with that paper, since it means nothing.

On a daily basis, I deal with him calling me all sorts of names, the entire time laughing that I cannot have him removed. He shuts his 3 dogs in "his" bedroom when he leaves they howl and scratch up the door trying to get out the entire time, waking up my kids that are sleeping in my house. I removed my cable box and the actual cable out of his room - I feel that if he's going to treat me like this, then I shouldn't be required to pay for cable for him to watch - he put it back in. And tells me if I enter HIS room, he will call the police.

I feel very trapped in my home. I cannot really AFFORD to go through eviction process and I don't understand why he has all of these rights and I seemingly have none. ANY advice would be very appreciated.


Asked on 12/05/11, 6:44 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Some counties have legal service programs for people who cannot afford attorneys. Also, if you simply want to evict him, a form is available from the circuit clerk in most counties. If you cannot afford the filing fee, you can request that the court waive the fee. Ask the clerk about this.

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Answered on 12/05/11, 9:40 am


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