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  1. #1
    Join Date
    Nov 2009
    Posts
    8

    Unhappy How to Evict an Obnoxious Roommate

    My question involves a roommate in the State of: Illinois. I live in a 3 bedroom apartment in Chicago with 2 other roommates, one of which pays his rent late every month and is very hostile to live with. The lease is entirely in my name and i subrent out the other 2 rooms on a month-month basis. He has an attitude of when i get paid you get paid. When he first moved in I gave him the keys to the apartment and was told i would get the deposit at the end of the day in good faith. It's been 4 months and he still refuses to supply the deposit. He plans on moving his girlfriend into his room next month as a permanent guest and both i and the other roommate are uncomfortable with this. My concerns are if I go to court to get an eviction notice will he still be liable to pay the last month's rent; and if he starts destroying the apartment will he still have to pay for the damages even though i don't have a deposit? Can I just throw him out or do I need to get a court order? How long does this process usually take? -Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: to Evict Obnoxious Roommate

    you need a court to evict him. You have no right to remove him yourself.

    You would have a claim to whatever he agreed to pay you. If he damages property, he is liable for the damages.

    regardless of what you have rights to demand, financially, it appears that getting him out would be paramount and then hope you get your money later. From what you have posted, I would not hold my breath waiting for the money.

  3. #3
    Join Date
    Nov 2009
    Posts
    8

    Default Re: Need to Evict Obnoxious Roommate

    when i get the eviction notice from the court do i have to wait until the 1st of the month or can i post it immediately? If he pays the rent is the eviction notice voided? If he doesn't pay the rent do i just take him to small claims court? and since i don't have a written contract for a month to month lease with him would he win?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Need to Evict Obnoxious Roommate

    You need to research how to evict somebody. It generally starts with the landlord (you in this situation) giving the tenant (your former friend) a notice to quit. If it is intended to only require they pay or leave, it would be a cure or quit notice. If it is simply to get rid of them, it is a notice of termination of lease.


    there are generally requirements of what a notice must include and how it must be delivered to them. Then, if they do not leave within the time of the notice, you file for an eviction with the courts and they do their thing. They will tell him he needs to leave if the accept your justifications to terminate the lease.


    then, if he still doesn't leave within the time limit the courts give, you have another process to go through.

    start with this:

    http://www.ilga.gov/legislation/ilcs...p?chapterid=62


    and this:

    http://www.law.siu.edu/selfhelp/info...%20in%20IL.pdf

    I do not know your location and there are a few areas that have some ordinances of their own. You should check with any government office in your area to be sure you are not bound by some laws other than the state laws I linked.

  5. #5
    Join Date
    Nov 2009
    Posts
    8

    Default Re: Need to Evict Obnoxious Roommate

    ok so what if i want to evict a roommate i just don't get along with. He is no doubt going to pay late again. Can i take his rent and then go to the courthouse and issue him an eviction notice the next day?

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