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Emma Lee Scott

Emma Scott’s Answers

498 total


  • My husband has a tenant in his property that has not paid rent in 1.5 years. Are we able to evict her and collect back rent?

    Emma’s Answer

    You are within your rights to begin the legal eviction process at any time with the proper notice to pay. The eviction process is very technical, with mistakes costing time and money. An attorney can help you avoid these mistakes, and therefore I recommend seeking a consultation.

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  • How do I legally evict a roommate

    Emma’s Answer

    If a roommate won’t leave willingly, then their tenancy must be terminated legally. The specifics of this process depend on the type of arrangement you have with the roommate. For example, it’s different if there’s a written lease than if it’s a month to month arrangement.

    I recommend using the lawyer finder on this site to find an attorney who can offer a consultation based on the facts of your case.

    Good luck.

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  • I was hoping you could look at my lease to see if I can get rid of my ex girlfriend from my girlfriend .

    Emma’s Answer

    A landlord tenant attorney can review your lease and the facts of your situation to discuss options with you. However, attorneys here are not permitted to solicit nor give quotes for such work. Recommend you either take your lease in to an attorney or post a more specific question in this space.

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  • How can i evict my sister and her boyfriend without a contract in the state of Illinois?

    Emma’s Answer

    If your sister won't leave voluntarily, you will have to go through the legal eviction process to have her removed. Without a written contract, Illinois law treats their tenancy as "month to month", in which case you can start the eviction process with a 30 day notice. You don't say whether or not you are the legal owner or manager of the property following your parents' death. You will need this authority to proceed with the eviction.

    The eviction process in Illinois is very technical and mistakes cost time and money. Therefore, an attorney to assist you is highly recommended, especially from a distance.

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  • Do I need to return a security deposit if I won a judgment in court for back rent?

    Emma’s Answer

    Yes. However, I recommend doing a full accounting of the security deposit as required by law, noting the judgment amount owed as a line item. If you’re not familiar with this process, a landlord tenant attorney can assist you.

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  • How can I kick out my boyfriend out of my house

    Emma’s Answer

    If your boyfriend is on the lease, it probably won't be possible to legally evict him from the property.

    If he's not on the lease, he likely still has a legal tenancy created by his living there for a period of time. The only way to terminate a legal tenancy is to go through the legal eviction process and get an order of possession against him. You will not be able to remove him until that time.

    An eviction suit (also known as forcible entry & detainer), is a highly technical process and it's best to consult with an attorney as you proceed.

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  • I don't know what to do?

    Emma’s Answer

    Since your girlfriend is on the lease, she has a legal right to be there. This would likely still be true even if her name were not on the lease, because she has lived there for a period of time, which creates a legal tenancy.

    Any legal tenancy must be terminated through the eviction process, in which you would receive an order of possession. However, since she is on the lease, it may not be possible to terminate her tenancy.

    I recommend taking your lease for an attorney to review, and to determine the status of your girlfriend's tenancy.

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  • How can I evict my live-in boyfriend ?

    Emma’s Answer

    Despite his not being on the lease, your boyfriend still has a legal tenancy that should be terminated. In your case this would likely be done with a 30 day notice, followed by a forcible detainer lawsuit after the expiration of the notice period.

    Whether or not you think this legal step is necessary to keep him away from the property is up to you.

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  • Can my landlord evict my disabled father and I after 12 years tenancy and terminal cancer?

    Emma’s Answer

    In a month to month lease, either party may terminate for any reason with 30 days notice. The notice needs to be:

    1- In writing,
    2- In a legally correct format
    3- Properly delivered.

    If you suspect your landlord's notice does not meet any of the 3 elements above, I encourage you to consult with a landlord-tenant attorney who can review the specifics of your situation and explore any possible options. An attorney may also be able to help you negotiate an exit plan that gives you more time to move, given your father's physical limitations.

    Otherwise, if the 30 day notice is legally proper, you should prepare to move, otherwise your landlord will have grounds to bring an eviction case against you. Having an eviction case on your record will hamper your ability to rent in the future, so it's best to avoid having your landlord file, if at all possible.

    Best of luck!

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  • What can I do about removing my nephew from a house iam renovating?

    Emma’s Answer

    Yes, you will need to go through the eviction process, otherwise he may have action against you. The legal process will depend on your original arrangement with your nephew.

    You should not cut off utilities unless you already gone through the eviction process and have an order of possession.

    An attorney can help walk you through the process in the most efficient manner.

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