Does a live-in have any rights? Can mgmt. physically set his stuff out or have police put him out without a court order?

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Does a live-in have any rights? Can mgmt. physically set his stuff out or have police put him out without a court order?

My mom and my brother lived together in a Housing Authority apt. for 3+yrs. My mom was disabled and my brother moved in as a live-in. Within the past few months, but brother became disabled also. My mom passed away on 5/12, but the week prior they had began the process of adding my brother to the lease since he wasn’t able to assist my mom as a live-in. Housing Authority told my brother that since my mom passed before she added him to the lease he doesn’t have any rights as a live-in and must move out by 6/1.

Asked on May 25, 2009 under Real Estate Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

My condolences to you and your family.

Well, he is not on the lease, so yes.  They have every right to do so, especially with Housing Authority apartments -- they can be pretty limited on who can live there, etc.

Yes, they can kick him out.  Is it a nice thing to do? No.  Is it legal? Yes.  Now, perhaps your brother should consider contact the Housing Authority itself and see if he can have a lease in his name and not move.


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