What is my legal recourse in the removal of non-paying family members from a house that was recently quitclaimed to me?

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What is my legal recourse in the removal of non-paying family members from a house that was recently quitclaimed to me?

Several years ago, my grandmother allowed her daughter and granddaughter to move in with her to assist with the mortgage. Then, 2 years ago, my aunt lost her job and has been unable to pay the mortgage. Without letting the family know, the house has been in foreclosure for 9 month and it now also has several liens against it. Recently, my grandmother quitclaimed the property to myself whereas I have made plans to clear this all up and move into the property, however, the occupants refuse to leave.

Asked on June 14, 2011 under Real Estate Law, Illinois

Answers:

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

Answered 10 years ago | Contributor

Your aunt and her family will be considered to be "tenants" since they at one point were payng a form of rent (i.e. the mortgage payments). Accordingly, the lawful way to remove them is to serve them with a notice to quit (typically 30 days).  If they still don't leave, then you will need to file an "unlawful detainer action" (i.e. eviction) in court.  This can take 2 - 4 weeks.  After that, if they have still not vacated by the specified date, the sheriff will remove them in about a week or so (and by physical force if necessary). 

Note:  Until then you should engage in no form of "self-help" such as changing the locks or removing the licensee's belongings. If you do you may be subject to a suit for unlawful eviction.

To find out the exact law in your jurisdiction, consult with an attorney that specializes in landlord-tenant law.

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

Answered 10 years ago | Contributor

Your aunt and her family will be considered to be "tenants" since they at one point were payng a form of rent (i.e. the mortgage payments). Accordingly, the lawful way to remove them is to serve them with a notice to quit (typically 30 days).  If they still don't leave, then you will need to file an "unlawful detainer action" (i.e. eviction) in court.  This can take 2 - 4 weeks.  After that, if they have still not vacated by the specified date, the sheriff will remove them in about a week or so (and by physical force if necessary). 

Note:  Until then you should engage in no form of "self-help" such as changing the locks or removing the licensee's belongings. If you do you may be subject to a suit for unlawful eviction.

To find out the exact law in your jurisdiction, consult with an attorney that specializes in landlord-tenant law.


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