Legal Question in Landlord & Tenant Law in Illinois

My boyfriend and I live in a farm house,we do not own the house. His family has been renting this property for 21 years. There is no lease with the landlord,so its month to month. We have a roomate that has lived here for 2 years now. We are having a lot of issues with him latley and want him to move out. How long of a notice can we give him legaly to move out. Without haveing to go to court.


Asked on 7/11/11, 7:25 am

1 Answer from Attorneys
Stephen Messutta

You are tenants and this third wheel is a subtenant. If he also has no written lease and is supposed to pay you monthly, then he is a month-to-month subtenant. If so, you have two options: 5 day notice if he has failed to pay rent, but if he pays, you're stuck for the month. 30-day notice just to get out. If his rent is due on the 1st of the month, you have to count backwards AT LEAST 30 days - even if it is into the month before the month before the rent is due. I always recommend 35 days, and it is a form of notice that IS in writing. If he doesn't move out either way, you MUST go to court as uncomfortable as that may seem. If there is more you haven't said, this answer could change dramatically.

Read more
Answered on 7/12/11, 8:42 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Illinois