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My daughter is a subtenant at will in an apartment complex…

My daughter is a...

My daughter is a subtenant at will in an apartment complex in DeKalb Illinois. The other tenants (on the lease) have asked her to move out in 30 days. Do they have the right to demand that she leave in 30 days?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

It is in DeKalb Illinois

Lawyer's Assistant: Has anything been filed or reported?

No. She is not on the lease and there is no formal notice.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing at the moment

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Customer reply replied 9 months ago
The rent is paid monthly and sshe has paid in full for October. There has been no illegal or immoral activities. There were verbal agreements to allow her to rent there for a year that started July 1.
Answered in 16 minutes by:
10/9/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,547
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Do they have the right to demand that she leave in 30 days?

.

If she is a sub, then the main tenant is her landlord and they would have the legal authority to terminate her tenancy with a written 30 day notice to vacate. But they couldn't just throw her out after the 30 days, they would still have to file a formal eviction action in court to get a judgment against her for eviction and a writ that the sheriff would execute to force her to vacate.

.

That will take around another month...

.

So as long as she pays rent, it would take them around 2 months to force her to leave..

.

But until they give her a written 30 day notice, the clock hasn't started to run..

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,547
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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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).

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