If my father-in-law has had someone living with him rent free for a year but now wants them to get out of his house, do they have any legal rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my father-in-law has had someone living with him rent free for a year but now wants them to get out of his house, do they have any legal rights?

They are claiming that they have squatter rights and he cannot make them move out.

Asked on November 25, 2015 under Real Estate Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If this person has paid rent or any form of it (i.e. the electric or grocery bill, etc.), then after a year they will be considered to be a tenant. If they have not paid any rent, then they will probably be determined to be a "licensee"; this is someone who was invited to stay on the premises. In either event, in order to now get this person out, your father will have to file for a formal eviction (i.e. "unlawful detainer action").
Once this individual has been properly served a notice to quit (i.e. vacate), if they continue to remain on the premises after the time specified in the notice to move, then a court hearing will take place and a judge will in all liklihood issue your father a writ of possession. With this document he can have his lodger evicted, and by the sheriff if necessary. However, until that time, your father should make no attempts at changing the locks or removing this persons belongings. If he does, then he can find himself being sued for wrongful eviction.
At this point, he should consult directly with an attorney who handles landlord-tenant cases; they can best advise him further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption