If I allow a friend to stay in my home , and they over stayed their welcome, Do I have a legal right to ask them to leave ?.

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If I allow a friend to stay in my home , and they over stayed their welcome, Do I have a legal right to ask them to leave ?.

I let a friend stay, (No lease or type of agreement made ) now after 9 months I can’t get hime to leave , he says i need a 30 day eviction notice to remove him from my home, iI live in il linois – can you help?

Asked on June 3, 2009 under Family Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Absolutely, you can tell the person to leave; contact the sheriff's dept in your town to help you.  Bottom line, the person has no right to be there and you have every right to make the person leave.

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have every right in the world to tell his to LEAVE!  I suggest that you go the housing court and ask for an eviction notice to fill out and to have served on your friend.  The eviction letter will give him a date to leave.  if he fails to leave, then you can file a simply summary process action (eviction action) to have a judge order him to leave. you should have a lawyer help you with this so that you take the emotions out of it on your end.  hoefully the friend will get the point upon being served by a marshal and will leave, but you can go all the way and have a judge tell the person to leave.


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