Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant
This answer was rated:

If a property owner shares a resident with an ex partner,

If a property owner...

If a property owner shares a resident with an ex partner, can the property owner immediately evict the ex partner? or can the expartner claim tennant rights?

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Illinois

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No lease

Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 2 minutes by:
1/17/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,291
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The former partner is a legally tenant, with tenant's rights. A lease is created any time a person moves into someone else's property with consent; it doesn't require a written contract. That means they're entitled to 30 days notice before being required to vacate the premises. They are not entitled to repayment for any money put into the property, unless there is a written contract that says otherwise. Any money paid is considered rent, belonging to the property owner. If the tenant refuses to leave after 30 days, the owner can go to court and have them evicted.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent service. Otherwise, please rate my answer positively so I get credit for the time spent speaking with you today. Mobile users may have to scroll to the right. Thank you.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
even if the tennant fears for her safety , and the destruction of her property?

Did you mean the landlord? A tenant who fears for her safety and destruction of property has a right to move out.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
it is HER property,,, and HE lives there. why would she move out of her own property? they currently sleep in separate rooms

I was confused because you referred to her as the tenant. The property owner is the landlord in this scenario.

Under 765 ILCS 750/20, a landlord may change the locks when a tenant presents a credible risk of violence to someone on the premises. She would need to get an order of protection, which means showing that he has taken actions to fear for her physical safety.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
sorry my mistake... does verbal abuse and throwing objects and breaking them qualify?

Concern for property destruction is not grounds for immediate removal, because she can always sue for the cost of repairing any damaged property. The tenant's rights to a place to live trump the landlord's interest in maintaining possessions. But if the tenant is intentionally destroying the premises, she would be allowed to serve a 3 day notice and then go to court right away.

Many people in that situation also prefer to move expensive items or those of high sentimental value to a secure location to avoid an issue. She can do that.

Throwing items at her or with the intention of scaring her would qualify. To get the order, she has to establish that his actions put her in reasonable fear of immediate physical danger. For verbal abuse, it depends on whether he's making threatening statements that he appears to be able to carry out.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
worst case is 30 days with written notice? does it have to be served thru the court?

Worst case is you have to go to court after the 30 days is up, but yes. The notice has to be in writing, but it doesn't have to be delivered through the court. It could help to ask a friend to hand deliver it for you, so you have a witness in case he tries to dispute it.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,291
Experience: Attorney
Verified
Lucy, Esq. and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
thank you...
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,291
31,291 Satisfied Customers
Experience: Attorney

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Attn: Barrister I received an Answer to my Unlawful Detainer
Attn: Barrister I received an Answer to my Unlawful Detainer Complaint filed in Alameda County, California denying each statement of the Complaint. What happens now? (Incidentally, she did not check o… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I have a property that my step son and his girlfriend live
I have a property that my step son and his girlfriend live in. We want to evict them. They do not pay rent and there is no lease. The girlfriend was not given permission to live in the property. The s… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
580 satisfied customers
Our landlord keeps emailing us accusing us of smoking in our
Our landlord keeps emailing us accusing us of smoking in our unit. She is claiming there is an odor coming from our apartment and that she knows it is “me” because she smells it when I am home however… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I own a trailer that is in a trailer park in Va. I let my
I own a trailer that is in a trailer park in Va. I let my son move in with a application verbally approved by past property management. My daughter in law complained to the current property manager ab… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,301 satisfied customers
I leased out our condo with 2year contract. it's been little
I leased out our condo with 2year contract. it's been little less than a year. Now I want to sell our unit but can we request the tenant to show our unit to potential buyer legally? Or he has right no… read more
Lori
Lori
Juris Doctor
634 satisfied customers
I have been renting a prpperty since August 2016. The
I have been renting a prpperty since August 2016. The landlord has not kept her word regarding repairs nor has she fixed the heat during these cold months, etc. I withheld rent and am now, thorugh an … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
My landlord via the leasing office/maintenance staff has
My landlord via the leasing office/maintenance staff has been entering my apt. after I've left. MY family base is in NY and I currently reside in NJ. I've reported same to the cops, they said that the… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My Baltimore tenant is in late on her rent with no intention
Hi..my Baltimore tenant is in late on her rent with no intention of paying. Also two of the leasee's broke the lease. I have filed for repossession of the property and am awaiting court date. To add i… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am helping my friend to evict a roommate. This roommate
Hi, I am helping my friend to evict a roommate. This roommate has 3 kids. she is abusing my friend verbally every day. my friend has a 8 years old girl. The roommate paid my friend from a church who i… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I posted a 3 day paynor quit on my tenants door and took
I posted a 3 day paynor quit on my tenants door and took pictures of it but did not send a copy via certified mail. Do I have to send it certified mail also prior to starting the eviction process? The… read more
Lucy, Esq.
Lucy, Esq.
Attorney
31,291 satisfied customers
My cousins has lived in my families house taking care of my
My cousins has lived in my families house taking care of my mother and she passed away back in 2015. My brother and I allowed her to stay in the house because she was pregnant. The baby is now 2years old and I have moved back home to take care of my elderly father and there is just not enough room in the house for myself, my father and her and 3 children. I've asked her to leave to leave on several occasion and she will not. What recourse do I have to evict her my family home … read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
Well I honestly have bit of a description for an attorney.
well I honestly have bit of a description for an attorney. Is there a way I can receive a phone call to explain. It's honestly a lot to type out … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I live in the front house I'm renting....recently the little
I live in the front house I'm renting....recently the little one bedroom house in the back was rented out... is it legal for them to put a fence without an opening that keeps me from getting out of my… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I own a small business in minnesota. we have reached the
i own a small business in minnesota. we have reached the final month of our lease. we didnt pay the rent for february by the 5th of the month. our landlord has now threatened to change the locks on ou… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I rented the upstairs of a two-family home for 2 1/2 years.
I rented the upstairs of a two-family home for 2 1/2 years. I paid a security deposit. When the downstairs unit became available my landlord and I agreed I would move downstairs. When I was upstairs I… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
You helped me out a year ago and I have a few questions
hello there! you helped me out a year ago and I have a few questions regarding a breakup with my ex boyfriend, his belongings, potential lawsuit and blackmail… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,612 satisfied customers
I recieved a 30 day notice after an argument with the
i recieved a 30 day notice after an argument with the landlord because he owes me money and refuse to pay … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am selling my business but both me and my ex-husband are
I am selling my business but both me and my ex-husband are guarantors on the commercial lease, along with two other former partners. My fear is if the new owner cannot pay the rent at some point ( the… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,734 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x