Asked in Real Estate Law for Illinois

Q: if consent was once given to persons at a residential home then revoked at some point how do you legally remove them

an elder widowed husband is looking to sell his residential property to me however at some point in the past when his wife was still living she let someone reside there for a time being, assuming paying rent neither owner resided there at the time or since. once she passed the husband informed them they must move considering they no longer(or maybe ever paid the rent), they trashed the property and damaged portions, suspected of illegal drug activity conducted by means of and on property(been told unsure of validity that the city wants them gone for this). these parties have ignored his efforts to remove them (no legal or "formal" efforts just verbal pleas & demands for a considerable period) we have agreed upon terms of the sale however he is leaving all responsibility to rid the non compliant unwanted tresspassers, obviously prior to & dependent upon our ability to move in. what rights if any do they have and how do we leagally remove them properly and as quickly as possible?

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1 Lawyer Answer
Erik K Jacobs
Erik K Jacobs
  • Rockford, IL
  • Licensed in Illinois

A: I'm afraid you will have to contact an attorney and begin the eviction process. I don't know if there was an oral lease with these people or they were just allowed to live there. If no oral lease (i.e. rent terms), then you will probably have to begin by giving them a 30-day notice.

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