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  1. #1
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    Default Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    My question involves a relationship in the state of:Illinois, Cook County, Streamwood

    My girlfriend tried to kill herself a few hours ago. The paramedics took her from my house on a stretcher, barely conscious. Normally I would have to serve her with a 30 day notice to evict her. As she is already physically out, and will likely be in the hospital for some time, can I just move all her stuff to a storage locker and deny her entry when/if she is released? If I do still have to serve her, do I do so at the hospital's address? Does she need to be conscious for the 30 days to start?

    I've lived here for over 15 years. I let her move in maybe 6 months ago. She has been sharing my bed. Unfortunately, I did not realize exactly how crazy she is until it was too late. Though she gets mail here and has no other address, she has never had an ID with my address on it. They took her out with nothing but her earrings. I have the keys I gave her, her cell phone (on my plan), credit cards, etc. She has paid me no rent and has no lease and no car. She receives SNAP (food stamps), over $1,000/mo from Social Security, and a Section 8 housing voucher (not currently attached to any address), so she will not be on the street.

    Thank you in advance for any assistance you can provide.

  2. #2
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    Default Re: Evicting

    Quote Quoting Pascal666
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    My question involves a relationship in the state of:Illinois, Cook County, Streamwood
    As she is already physically out, and will likely be in the hospital for some time, can I just move all her stuff to a storage locker and deny her entry when/if she is released?
    No. She hasn’t moved out to a new residence. She’s in the hospital, which does nothing to show she has given up your place as her residence. Being away temporarily from the residence — at work, in the hospital, on vacation, etc., doesn’t allow a landlord to avoid the requirements of the eviction process. You’ll still need to do the regular process of eviction to get her out.

  3. #3
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    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    How about visiting her at the hospital, explaining that you are breaking up with her, and perhaps even talking to a social worker at the hospital about finding her an appropriate place to stay after she's discharged?

  4. #4
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    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    In general,you are required to do the full due process steps to evict a roommate or subtenant in IL. That's to only safe game in town aside from a voluntary surrender ( in writing strongly suggested)

    However most of the literature seems to address eviction of a person who has thier own exclusive use space w or wo a written lease.....I simply do not know if a lover who shares a bed with the owner/tenant is a tenant as the term is defined in IL...a point worth checking as not everybody is a tenant everyplace

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    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    Quote Quoting HRinDEVON
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    However most of the literature seems to address eviction of a person who has thier own exclusive use space w or wo a written lease..
    What Illinois "literature" are you looking at?

    Illinois has a pretty loose, common law definition of tenancy, as one court put it, "in common parlance a tenancy arises or one becomes a tenant when he enters into the use, possession, or occupation of land belonging to another." Beyond that, they look at the intent of the parties. The big question for somebody in this position is, should the ex- show up, find herself locked out, and call the police, will he be compelled to let her move back in -- and if he doesn't want to take the risk, he will need to take proactive steps to either evict her or have her agree to live elsewhere.

  6. #6
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    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    The case cited does not get one there in context of ones bedmate lover holding a lease for the subject premises...I have no doubt IL is liberal....but ones bedmate doesn't hold exclusive use of the premises in any form of a lease at least as posted

    - - - Updated - - -

    I would agree due process or a voluntary surrender is a lot safer.

    - - - Updated - - -

    • 1, 2 A lease is a contract for exclusive possession of lands, tenements or hereditaments for life, for a term of years, or at will, or for any interest less than that of the lessor, usually for a specified rent or compensation. (Illinois Central R.R. Co. v. Michigan Central R.R. Co., 18 Ill. App.2d 462, 477, 152 N.E.2d 627.) A lease possesses the property of passing an estate in land; it partakes of the nature of an estate, and exclusive possession of the leased premises is essential to its character. (Holladay v. Chicago Arc Light & Power Co., 55 Ill. App. 463, 467; compare Alwood v. Ruckman, 21 Ill. 200; R.J. Gunning Co. v. Cusack, 50 Ill. App. 290.) In this case, it is not disputed that on the day of the transaction between the two corporations, Rothschild was in possession of two stores as the tenant for a term of years under written leases.

  7. #7
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    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    The case was posted for its definition of tenancy, not for its facts, as you would know had you bothered to actually read my post.

    Is that post your way of saying that you know absolutely nothing about the relevant law, and that your so-called "literature" either doesn't exist or is irrelevant to Illinois?

    You have an unfortunate tendency to post your random thoughts in people's threads -- which would be less of a problem if your instincts correlated to the law, but unfortunately they don't. You frequently make posts that are completely incorrect, often after the correct information has already been posted, and burden the rest of us with having to clean up your mess.

    Here's a suggestion: If you don't know what you are talking about, and don't want to take the time to verify your thoughts, don't post.

  8. #8
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    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    She has not regained consciousness and is on a ventilator. I want to start the clock on the 30 day notice ASAP. Case law is well and good when before a judge, but I don't want to be arguing about the meaning of "exclusive possession" with the police on my front porch. Hopefully she will move on if she wakes up, but I can see her demanding back into my bed. How would I serve her and does she need to be conscious for the 30 days to start?

  9. #9
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    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    If the landlord gives a notice anyway, it must comply with the statute. Local ordinances can also require a written notice, as is the case in Chicago.

    Service of Notices
    Service of notices is governed by 735 ILCS 5/9-211. They can be served in one of three ways in most cases:

    Personal service on the tenant
    Substitute service on someone at the tenant’s home, more than 13 years old
    Mailing to the tenant by certified or registered mail, with a return receipt from the tenant
    If no one is living at the tenant’s house, the landlord may post the notice.

    If the tenant gets the notice, improper service may be waived. Prairie Management Corp. v. Bell, 289 Ill. App.3d 746, 682 N.E.2d 141 (1st Dist. 1997). Proof of nonreceipt can be difficult if the service of notice is proper on its face. Sometimes the landlord acknowledges improper service, by, for example, posting the notice when the tenant is in possession.

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    Default Re: Can You Lock Your Ex- Out of Your Home After Six Months of Living Together

    Quote Quoting Pascal666
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    She has not regained consciousness and is on a ventilator.
    With what prognosis?

    You can serve her with notice, consistent with the governing law but, in order to litigate against a person who is not competent to participate in the lawsuit, she'll need to have a guardian appointed to represent her interests -- be it a guardian ad litem (for the purposes of the litigation) or, if her medical condition warrants it, a guardian who will have broad, court-granted authority to manage her personal affairs. Were you to litigate the case while she's mentally incompetent, without informing the court of her incapacity, you would open up the door to her petitioning to set aside any order you obtain.

    Does she have a guardian, or is somebody petitioning to become her guardian? Has the hospital suggested guardianship?

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