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Can you legally evict a family member whom you took pitty on, but now regret?

Homer Glen, IL |

This family member doesn't not contribute to any house hold duties, nor do they contribute funds.....they refuse to bathe, as well as insist on bring spoiled raw meat and milk into the house for their consumsion only, when the home owner has repeately stated it wasn't allowed in the home.

Attorney Answers 1


Sure, assuming the person is not your child and you are not the person's guardian. (I.E. you can't throw your ten year old out of the house). Assuming this is your uncle (for example), and he has no lease agreement with you (verbal or written, i.e. he has not been paying you monthly to stay there) you can simply ask the person to leave, lock them out, etc. You can contact the police if the person refuses to leave. If you have some type of lease agreement, you really need to provide a 30-day notice of termination in writing, and if he has not left after receiving the notice, you can file an eviction suit with the court to obtain a court order requiring him to leave. Just because the person is a family member does not give them a magic right to squat in your home (except as I said in the case of your child).

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I have my brother's children (twin 22 yo's) living with me. She has a disability (ADHD) and receives money as a survivor of a veteran, and her brother is unemployed. Their father passed away in May of 2010, and they had nowhere to go. The girl has been helping out with paying towards the utilities, but I have never asked for rent of any kind. She has become a real problem child, refuses to help or pay toward the utilities, and I want her to leave but she refuses. Do I have any recourse to evict her under these circumstances?

Raiford D. Palmer

Raiford D. Palmer


Sure. If the person is not a listed owner or lessee (renter) you can evict them. To do it properly in Illinois you may need to serve her with a notice to evict as a Court may find you had some type of month to month "lease" with the payments for utilities. She can't squat there. Contact a landlord-tenant attorney to proceed with an eviction.