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  1. #1
    Join Date
    May 2015
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    Default When do Guests Gain Rights as Tenants in Illinois

    My question involves landlord-tenant law in the State of: Illinois, specifically in Chicago

    My question is in regards to this selection of article:
    http://chicagoeviction.com/2013/01/r...r-in-illinois/
    If they have established a tenancy, they are not trespassers, They may be relatives and they may not have ever paid rent, but at some point you voluntarily let them stay and when you did that, you created a tenancy. If they get mail at the property, have a driver’s license with the property address on it, keep their things at the property, have a key to the property, sleep at the property regularly or semi-regularly, or just plain claim to live there and you permitted it, then they likely have a tenancy.

    Is there case law, municipal code or IL statutes that can support this?

    Thank You for any information you can provide.

  2. #2
    Join Date
    Sep 2005
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    Default Re: When do Guests Gain Rights as Tenants in Illinois

    Under the Chicago Municipal Code, sec. 5-12-030(i), " (i) “Tenant” means a person entitled by written or oral agreement, subtenancy approved by the landlord or by sufferance, to occupy a dwelling unit to the exclusion of others." There is no requirement in the municipal code that they pay rent, and the longer you let them stay in the premises or the more clearly you allow them to possess parts of the premises (e.g., a bedroom) the more likely it is that the police are going to tell you that, if you want them out of your house, you have to evict them. If you let the situation continue to the point that they're using your home as their address on their driver's license, are receiving mail, and the like, it's all-but-certain that the police will tell you to evict the person.

    Sometimes the best way to get rid of a house guest who has overstayed his or her welcome is to help that person find another place to live, then (if necessary) help them move to the new location.

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