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Evicting a Roommate in Illinois

You can probably evict your Illinois roommate, but you are going to have to go through the formal eviction process to do so.


You’ve got it all: the sweet Chicago lifestyle, the great Chicago job, Chicago pizza which some people enjoy, and of course the awesome Chicago apartment. In many ways, you are just like a young Barack Obama. There’s one problem, though: you hate your Chicago roommate, at your Chicago apartment. Maybe he doesn’t pay rent on time, or ever; maybe he’s a complete mess and is damaging your home. What can you do? Can you evict him?

Welcome to our guide on getting rid of a bad roommate in Illinois. Here's what we'll cover:

Illinois has many different state statutes that address various aspects of the landlord-tenant relationship. The City of Chicago has its own municipal code that also deals with landlord-tenant issues. Lucky for you, when it comes to evictions, the Chicago municipal ordinance does not materially alter the eviction process laid out in state law. And even luckier for you, the State of Illinois does indeed allow roommates to bring eviction proceedings when the other “tenant” is not on the lease – this is not the case in every state.

Here are some specific scenarios that might be confusing you:

  • What if you're both on the lease? You can’t start a case for eviction in housing court. Instead, you'll need to put it in your landlord's hands.
  • What if there's no lease? In this case, you can only evict a roommate who qualifies as a “guest.”
  • What if I’m on the lease and my roommate is not? You can evict your roommate.

You might be thinking: “Eviction? Is that really necessary? I just let a friend stay with me and now he won’t leave. We don’t have a lease or anything. Can’t I just kick him out?”

The short answer is, probably not. State law does not include a definition of who is a “tenant,” and Chicago’s wording on who counts as a tenant is pretty vague – it includes any “person entitled by written or oral agreement, subtenancy approved by the landlord or by sufferance, to occupy a dwelling unit to the exclusion of others.” So no formal written lease is required to make someone a tenant. In practice, if your “guest” paid you or your landlord any money to stay in the apartment, and he had unrestricted access to the apartment, he is most likely a “tenant” and therefore has the right to be formally evicted through the court system.

If you are on a lease and your roommate is not, you can indeed evict him, as is detailed below. However, if you and your roommate are both on a written lease with your landlord, you cannot evict him. Sorry – given the written lease, he has a right to possession of the apartment, just like you do, and Illinois law provides no method for you to evict him. In practice, you will need to get your landlord involved. Reach out and tell your landlord about the issues you are having with your roommate. Hopefully, your landlord will be receptive and will take action to remove your roommate. If the situation is drastic (i.e., your roommate is not paying rent and your landlord is trying to collect it all from you), you might need to begin withholding a portion of your rent. The landlord will eventually be forced to begin eviction proceedings, at which point you can explain to the court why you had to stop paying the full monthly rent.

How do I know if I have a good reason to evict?

As long as there is no lease agreement between you and your roommate, you can evict him without providing a reason. If there is an agreement between the two of you, whether oral or written, you will need to show that he has violated this in some way. Can you point to a provision of the agreement that he has not lived up to? If so, you can bring an eviction proceeding on those grounds.

How much notice do I have to give?

If your roommate is not on the lease, the law considers him your subtenant, and you can evict him. Your first step in the eviction process is providing your roommate with the legally required notice. You must give him thirty days of notice that you intend to evict him. Note that this is the case no matter your reason for eviction – if he isn’t paying rent, or if he’s breaking some other rule, you will always need to provide 30 days of notice prior to starting an eviction lawsuit.

Notice to your roommate will come in the form of a written “Notice to Quit.” Samples of these notices are available online. Basically, be sure to include all relevant information including address, full names, and the violations you are alleging, with dates. (While you are not strictly required to give a reason for the eviction, you should, just in case your roommate shows up in court and claims there was an oral lease agreement between you two, which is legal under Illinois law.) Send the Notice to Quit by registered mail, so you have a record. It does not need to be formally served.

Going to court

How do I file eviction papers?

After 30 days have passed, you can file for an eviction. You’ll need to file two documents to start the process: an eviction complaint, and a summons to appear in court. Alas, Illinois has no defined statewide forms for you to use – your best bet is to head over to your nearest circuit court, find the landlord-tenant division, and request these forms. If you live in Cook County, however, you can use this convenient document preparation tool to create the summons and complaint. At the time of filing, you’ll receive a court date, at which point you and your roommate will show up and plead your respective cases.

Your roommate must be formally served with both the summons and complaint after they are filed, and you can’t do the service yourself. The court will likely give you the option of having a sheriff serve your roommate. If not, ask a friend, or hire a local process server, to hand your roommate the paperwork and draft an affidavit of service.

What happens in court?

Once you get to court, your assigned judge will hear both sides of your case and eventually issue a decision. Before your court date approaches, PREPARE! In truth, if your roommate has no formal lease agreement, he can be evicted for any reason with 30 days’ notice, so hopefully this won’t be a terribly complicated court case. That said, you never know what will happen in the courtroom. If your roommate suddenly starts telling the judge that you two agreed he could stay for another 6 months, you need to be ready to show why that would not be permissible, for example because your roommate isn’t paying rent or is damaging the home. You should also be ready to show that no such agreement existed if that is the case. Better to be overly prepared than to see your petition denied and your roommate in your home for the foreseeable future.

The information provided on this website does not, and is not intended to, constitute legal advice.