If I want to evict my 18 year old son, and I currently rent my home, how do I go about it?

UPDATED: Oct 1, 2022

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If I want to evict my 18 year old son, and I currently rent my home, how do I go about it?

I have countless reasons to evict my son, including violence against me, property
damage, drug use, not contributing, failing school, failing to go to school and a
disrespectul attitude in general. I understand that if I owned the house I could have
an attorney file a motion to evict. Since I rent, and I dont want to involve the
landlord, how can I legally evict him?

Asked on December 3, 2017 under Real Estate Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for the situation.  Does your lease with your landlord list your son as an occupant?  Does it allow you to "sublet" without Landlord approval?  If not, then you may not have "standing" to evict him.  You could, though, get an Order of Protection against him and if he comes back to the house, have him arrested.  I would STRONGLY suggst you seek help from an attorney to take a path that is best for both you and your son, possibly helping to get him help.  If he is arrested perhaps he can be placed in a rehab rather than jail?  Speak with a local lawyer about what can happen in the varied scenarios.  Good uck.

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