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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

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Answered in 2 minutes by:
1/17/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
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.

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Customer reply replied 7 months 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.

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Customer reply replied 7 months 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.

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Customer reply replied 7 months 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.

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Customer reply replied 7 months 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: 32,264
Experience: Attorney
Verified
Lucy, Esq. and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 7 months ago
thank you...
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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.

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