What can I do if I’m in a non-legal partnership and I want this man out of my home?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if I’m in a non-legal partnership and I want this man out of my home?

He has become verbally abusive and drinks heavily, destroying my home. The relationship is over but he will not leave. I own home and want him out. I cannot take it anymore.

Asked on January 24, 2016 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Does he pay rent to you?
If he doesn't, he's just your guest and you can make a guest leave at any time. If he doesn't go when you demand that he does, you can file a legal action called an "action for ejectment" in civil court to remove him. "Ejectment" is basically eviction for non-tenants (guests) and you will get a judgment against him that can be enforced by sheriff's officers or court officers/constables, who will physically remove him if neceessary. If he is doing damage, you can seek to get it on an "emergent" basis (an expedited basis: think "urgent" or "emergency"). Ejectment actions are more complex in some ways than evicting a tenant, and emergent actions are more complex yet: you are advised to retain an attorney to do this for you. (The lawyer can also help act as a buffer between this man and you; and the lawyer can also look into whether some sort of protective order is also advisable.)
If he is paying rent, he is a tenant. That means you can evict him like other tenants if:
1) He fails to pay rent;
2) For damaging your property and disorderly conduct; and/or
3) If there is no written lease, on 30 days notice (if there's a written lease, when it expires).
You can get forms and instructions from county court--this is a more of a "standard" or common procedure than ejectment--but again, you are advised to let a lawyer help you: if you make a procedural error, the case would be dismissed and you'd have to start over, and from what you  write, you would not want to lose the time.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption