How can I legally kick my roommate out?
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How can I legally kick my roommate out?
My boyfriend and I are renting an apartment. We are currently on a year lease. Mine and his names are the only 2 present on the lease. We have allowed a married couple to stay with us for the past 3-4 months. At the beginning of this month, we expressed to them how my boyfriend and I would like to have our own place again and we gave them until the 31st. They are now refusing to leave.
Asked on December 29, 2011 under Real Estate Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
These people are your "subtenants" which makes you their "sublandlord". Accordingly, since you have the legal right to occupy the premises, you can file an "unlawful detainer" (i.e. eviction lawsuit) in court. First, however, you will have to comply with all legal requirements in order to get these roommates legally removed. This starts with giving them written notice (typically 30 days). If they fail to vacate by the date specified in the notice, you will then file the unlawful detainer. Once it is granted, they will either have to leave the premises voluntarily or you can have the sheriff remove them.
In the meantime do not undertake any "self-help" measures (e.g. changing the locks, removing his belongings, etc). You could be sued if you do. At this point you shold consult a tenant's right group or attorney who specializes landlord-tenant cases. They can best advise as to go about this.
Note: If these roommates are "official" tenants, the only way to have them legally removed from the premises is to have your landlord file for the unlawful detainer action. Having their name'sname on a lease is not the only way that they may be considered to be formal tenants of your landlord. In addition to being on the lease, they may have achieved the status of tenants if your landlord accepted rent directly from them. Also, if the landlord put (or allowed them to put) their names on the mailbox/doorbell, etc,
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