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How to Evict a Boyfriend in Illinois

It all probably started out well enough. You and your boyfriend decided to live together to share expenses or because the relationship was turning serious. Things were great for awhile, but now it's time for your boyfriend to leave. Except he won't go. So what do you do? How do you evict a boyfriend in Illinois?

 

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Evicting an Illinois Boyfriend is Tricky

A lot of people discover that living with a boyfriend is not all it's cracked up to be. Some boyfriends want to party all night.

Others think house rules apply to everyone but them. Others cheat. In Illinois, getting rid of your obnoxious boyfriend, though, depends on a number of factors.

Is Your Boyfriend on the Lease?

If your boyfriend is on the lease with you, then you have no authority to kick him out. That authority lies directly with the landlord, but even a landlord needs a legally valid reason to throw someone out if that person is on the lease. These reasons usually include not paying rent, using the home for illegal purposes or otherwise breaking the terms of the lease in some way.

The exception to this is if your boyfriend is threatening you or is violent toward you. If this is the case, then you can get a restraining order and your boyfriend must leave immediately.

It's worth remembering that a boyfriend on the lease with you is actually a co-tenant and has much right to live in the rental space as you do.

Now What?

Unfortunately, if you live in Illinois, then your options are limited if your boyfriend is on the lease. You can try asking him to leave, but this doesn't always work and can lead to more conflict.

If you and your boyfriend signed an agreement outlining rules of the house, everything from noise limits to cleaning duties and he breaks the agreement, then you probably cannot evict but you can sue for damages in small claims court.

Examples include your boyfriend having loud parties that keep you from getting your work done if you work at home or your boyfriend not paying his share of the utilities.

While these situations could be grounds for suing, the risk is that if you sue, you may anger your boyfriend but not enough to make him move out.

You can try talking to your landlord to see if he can get your boyfriend to budge, but most landlords are content to leave things be as long as they are getting their rent and their property is not being damaged.

An exception would be if you can show the landlord that your boyfriend is breaking the lease in some way, such as selling drugs from the home (illegal use of the property) or has a dog when pets are specifically forbidden in the lease.

You have to be careful, though, because your boyfriendcould claim that the dog belongs to both of you and your landlord could decide to evict you AND your boyfriend. In Illinois, this is particularly true if your lease has a joint and/or several liability clause, which essentially means that all the tenants on a lease can be held responsible for what other tenants do.

Your landlord might be a reasonable person (or corporation), though, and decide to evict only your boyfriend. If this is the case, understand that it will take time. Your landlord must follow the law, which involves giving your boyfriend notice of the eviction and time to remedy the situation.

For example, if the grounds for the eviction are that your boyfriend has a dog and pets are forbidden according to the lease, then your landlord has to give your boyfriend adequate time to find the dog a new home. If your boyfriend does this, then he cannot be evicted. He can stay in the home and chances are he will not be happy with you.

It is possible, too, that your boyfriend may just ignore the eviction notice and decide to stay in the home. In this case, your landlord will have to go to court to ask a judge to tell your boyfriend to go. If the judge agrees, then the sheriff will come to escort your boyfriend out of the property. If, though, your landlord loses in court, then your boyfriend can stay.

Things You Cannot Do with Regard to an Illinois Boyfriend

No matter how much you want your boyfriend to leave, there are things that the state of Illinois says you cannot legally do to make him vacate the home.

For example, you cannot threaten him. You cannot change the locks. You cannot take your boyfriend's personal property. If you do, you may be looking at criminal charges. No boyfriend is worth that.

Is Your Boyfriend Not on the Lease?

If your boyfriend is not on the lease then you have more options for getting rid of him.

Be careful here, though. If your boyfriend is not on the lease because he came to stay with you without your landlord knowing, then you might be the one breaking the lease terms and end up facing eviction.