Legal Question in Real Estate Law in Illinois

We have an oral agreement with my mother. she texted us on jul 22 and said she wanted us out by aug 2nd. she never served us any papers. do we have rights or is there any legal action we can take

Asked on 7/30/13, 10:03 am

2 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

Once in a property, unless moving is voluntary, only proper legal process can be used to evict someone. Any effort to forcibly remove someone, including tactics like changing locks, should be met with a call to the police.

That said, I urge you to find an amicable solution. Determine when you can move and communicate with her regarding the date for which you have a place available and your plans to move. It is in her interest and yours to avoid court proceedings, sheriff's eviction, etc. If you can advise her of specific plans to be out in a few weeks, which is what would occur anyway, you should be able to come to a compromise.

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Answered on 7/30/13, 12:27 pm

I agree w Mr. Repay. What's the goal? Fight your mom, or move? If you want to fight you probably have an oral month-to-month tenancy and based on the text she didn't give you proper legal notice, would have to serve you with proper legal notice, and would have to file a lawsuit to evict you if you didn't move out, and a lot of lawyers say the landlord should file suit anyhow. So, again, what is your goal? Start a war, or avoid one?

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Answered on 7/31/13, 10:56 am

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