How do i evict someone who isn’t on my lease?

I let my mom move into my apartment a few months ago , as she was sleeping in
her car in the snow. I did not put her on the lease because she would not be
approved due to her bad credit. She is now destroying my property she sliced up
my couch and is refusing to leave the premises. How can i legally get her to leave

Asked on June 7, 2017 under Real Estate Law, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since your mother is not on the lease and presumably not paying rent, then she is a guest who has overstayed, not a tenant. She can be removed by filing an "ejectment" action. This is like an eviction when there is no lease if effect (note: if she is deemed to be a tenant then an eviction must be filed). However, only the property owner can file. So you will need your landlord's help here. Considering damage is being done to the property you should have no problem. Although, by having your mother stay for such an extended pertiod of time, you may have violated your lease. That all having been said, if you are in fear that your mother may do you harm, you contact the police for information on temporary restraining orders and inform landlord of your concerns

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