Can I evict my adult daughter from my apartment if she is not on the lease?

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Can I evict my adult daughter from my apartment if she is not on the lease?

I am the only one on the lease and want to move in a few months but my grown daughter does not. I want to make sure she does not end up being a squatter when I move. What steps should I take to make sure she doesn’t end up staying and causing me legal problems with the landlord? Even though I am not the landlord can I file an eviction notice to have her evicted?

Asked on September 21, 2011 under Real Estate Law, Illinois

Answers:

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

Answered 12 years ago | Contributor

Since your daughter is not on the lease and, I will assume, did not pay any rent she will be considered to be a "licensee" (i.e. someone invited onto the property and allowed to stay; a long term guest).  Now that permission to stay has been revoked, you (the legal occupant) must give a 30 day notice for her to vacate the premises - whether or not she is on the lease.  If she doesn't leave by the date specified then you will need to file a "unlawful detainer action" (i.e. eviction). If she has contributed rent or a form of rent (e.g. utilities) she is a "sub-tenant" and you are her landlord. As such in order to her get her to vacate the premises, you must still file for an eviction.

Note:  If she was a "tenant", then your landlord would need to file because only landlords can evict tenants.  In addition to being on the lease and/or paying rent directly to the landlord, she may have achieved the status of a tenant if your landlord put (or allowed her to put) her name on the mailbox/doorbell, or if you and she rented the place together and it was clear that both of you were on equal footing, etc. 

It is essential to comply with all legal requirements when filing for an unlawful detainer; this includes proper notice to vacate the premises.  Someone who is put out of their home in an unlawful manner is entitled to recover damages, not to mention that using illegal methods to force someone to move out is a criminal violation.  Therefore self-help measures such as removing personal belongings or changing locks, cannot be used. 

At this time, you should consult with a landlord-tenant attorney or tenant's rights organization to find out just what the process is for a legal eviction in your state.


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