If my husband and I took his sister and son in 3 years ago after not knowing where they were for 10 years but now we want them to move, how do we do this?

They were in a motel paying weekly and called us for help. We took them in and ended up buying a small home a mile or so away that they could live in. We had a lease because she is on disability and needed to provide documentation. We do not make any money on this property, her rent pays the mortgage. The lease we had expired about 1 1/2 years ago. We didn’t renew because she was family and paying her rent. My husband and his sister have never really gotten along but now things have gone from bad to worse and we need her to move on. How do we give her notice?

Asked on July 19, 2015 under Real Estate Law, Illinois

Answers:

Gregory Abbott / Consumer Law Northwest

Answered 5 years ago | Contributor

Landlord-tenant law is highly technical and usually favors the tenant in that ANY mistake in either law or procedure by the landlord can easily result in the eviction lawsuit being thrown out, with the landlord owing the tenant's court costs and, in many States, their attorney's fees as well, and leaving the tenant in possession and the landlord having to start over.  All in all, unless you are VERY familiar with the entire procedure, you need to consult a local landlord-tenant attorney for help in getting everything right - the first time.  In general, you will need to provide written notice to the tenant and if they are not out by the time the notice expires, then you will have to file an eviction lawsuit at the local courthouse; have it properly and lawfully served; and then proceed through the eviction process if they still refuse to voluntarily vacate.  You tried to help and now are getting burned because of it and it is likely to cost you even more money to get this all taken care of.  The problem is that until you do, they will not likely leave on their own (or they would have by now, at your first request) so the sooner you start the process, the sooner you will be rid of them.  Or consider selling the home, leaving the new buyer to deal with them as tenants but that may be a bit extreme.

Gregory Abbott / Consumer Law Northwest

Answered 5 years ago | Contributor

Landlord-tenant law is highly technical and usually favors the tenant in that ANY mistake in either law or procedure by the landlord can easily result in the eviction lawsuit being thrown out, with the landlord owing the tenant's court costs and, in many States, their attorney's fees as well, and leaving the tenant in possession and the landlord having to start over.  All in all, unless you are VERY familiar with the entire procedure, you need to consult a local landlord-tenant attorney for help in getting everything right - the first time.  In general, you will need to provide written notice to the tenant and if they are not out by the time the notice expires, then you will have to file an eviction lawsuit at the local courthouse; have it properly and lawfully served; and then proceed through the eviction process if they still refuse to voluntarily vacate.  You tried to help and now are getting burned because of it and it is likely to cost you even more money to get this all taken care of.  The problem is that until you do, they will not likely leave on their own (or they would have by now, at your first request) so the sooner you start the process, the sooner you will be rid of them.  Or consider selling the home, leaving the new buyer to deal with them as tenants but that may be a bit extreme.


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