When Does A Guest Become A Tenant In Illinois?
Visiting friends, family members, live-in nannies can become liabilities for tenants if they overstay their welcome. Since they are not paying to live with you, they are considered as guests, but you end up taking care of the utilities they use and paying the rent which puts you in a conundrum. To understand how you can get rid of them, you need to understand Illinois landlord-tenant laws pertaining to this issue.
Guests vs. Tenants According to Illinois Landlord-Tenant Laws
A tenant is on a lease and the guests they have in the home they are leasing are not. As such, the former is responsible for paying rent on time and ensuring the property is not damaged. Guests, on the other hand, can become a liability if they start to act like the tenant, i.e. by establishing residency without express permission from the landlord.
While guests are allowed as per tenant rights, they cannot overstay their welcome by becoming rogue tenants. However, according to the Illinois Forcible Entry and Detainer Act, you cannot physically force an unwelcome guest to move out of your unit. That’s because they have ‘possession’ of the property by way of ‘oral agreement’ of the person who has claim of the title.
Calling the police to force them out is not productive since the aforementioned law also applies to them. Since they are not trespassing and are actually living in the unit after you gave them permission, they did not break any laws.
If the guests also receive mail or own a driver’s license with the address of the property on it, making them pay rent will be the last of your worries. If you kick them out yourself, they can file a lawsuit against you and you may end up in jail. That won’t help anyone and will only add to your troubles.
What You Can Do
The first thing you should do is ask your guests to leave in a set amount of time – give them a written 30-day notice to terminate their tenancy and make sure you file a copy as well. If they still remain in the unit once the deadline has passed, you can try and add them to a new lease or file an eviction lawsuit. At this point, you need a lawyer such as Dan Walker to ensure the eviction goes as planned.
As a licensed and experienced lawyer, Dan knows Illinois landlord-tenant laws like the back of his hand. With over 50 years of experience practicing law, his mission is to deliver the best legal services that can benefit his clients.
He realizes this goal by being available as and when his clients need him. Additionally, he is respected not because of his experience, but because he takes the time to actually listen and interact with you so as to best understand each case. He is devoted and committed to establishing a strong relationship with you to ensure your case goes smoothly. Get in touch with him for a consultation today at his office in Hinsdale, IL.
