How Can I Evict My Adult Child From My House?
Sometimes, things do happen and reach a point where living together with their own child just doesn’t work anymore (completely understandable). And the reasons cannot be constrained; it can be any number of things. Maybe they’re not financially contributing, not respecting house rules, or maybe it’s just time for them to learn independence.
Illinois is one of the top residential states to live in in the US. Known for its vibrant city life in Chicago and peaceful towns across the state, Illinois has some of the most detailed property and tenant laws in the U.S. Once someone has been living in your home for some time, even if it is your adult child, they can be seen as a tenant under Illinois law. That means you can’t just lock them out or throw out their belongings, even if it’s your house.
So, if you are in this situation and are searching tirelessly online for “how to evict a family member in Illinois,” this article is for you. Give it a read till the end to get to know the hows of doing it.
Start with a Non-Legal Approach
Before you think about court or legal paperwork, it’s always better to start with an open conversation. Many times, things can be sorted peacefully.
- Sit down and talk it out clearly. Let them know your reasons; maybe they’re not helping around the house, not looking for a job, or creating too much stress at home. Explain your situation to them—that it’s not out of anger, but because it’s time for them to be responsible for themselves.
- Don’t be so rude. Instead of saying “you need to go now,” set a specific date. This gives them time to plan things out. You can even put it in writing so that they know you’re serious.
- If they still rely on you for money, bills, or groceries, start cutting back slowly. This can motivate them to become independent. Sometimes, when the support stops, they might realize it’s time to move on.
- If things get tense, you can limit privileges like Wi-Fi or certain shared spaces. Just remember, never ever lock them out or throw out their things without legal notice. That can turn against you in court.
Legal Steps to Evict an Adult Child
If the above parts of polite handling and deadlines do not seem to be working, then you can take legal action against them. Illinois law is quite specific about how this needs to be done.
1. Treat Them as a Tenant
Even if they don’t pay rent, once they’ve lived with you for some time, they’re considered your house tenant. So, you have to give them formal notice to leave.
2. Serve a Written Notice to Vacate
Start by giving a 30-day written notice to move out. Clearly mention the date by which they need to leave the property. This way, it creates a sense that you’re following proper legal procedure and are giving them a warning.
3. File for Eviction (Forcible Entry and Detainer)
If they don’t leave even after the notice period, you can file for eviction in your local court. This is officially called a “Forcible Entry and Detainer” action. Once the judge reviews your case and rules in your favor, the officials can step in to remove them.
If There’s a Lease or Rent Involved
If your child actually pays rent or you’ve got a written agreement, they’re legally a tenant, and the process becomes stricter. You can take these steps and give them:
- 5-day notice: if they haven’t paid rent.
- 10-day notice: if they broke other terms of the lease.
- 30-day notice: if it’s a month-to-month stay and you want to end it.
Consult a Legal Professional
Consulting a lawyer before you start any eviction notice is always a smart move because even one small mistake in paperwork can make the judge deny your request. A lawyer who handles Illinois eviction cases can help you:
- Prepare and serve the right notice.
- File the court paperwork correctly.
- Represent you in front of a judge if needed.
You can manage this sensitive process smoothly and avoid unnecessary stress or conflict.
Key Takeaways
- Even your adult child can be treated as a tenant under Illinois law.
- Always give a proper written notice before filing an eviction case.
- Legal help ensures your eviction process is handled correctly and peacefully.
