Adults move back in with their parents for many reasons. They might lose their job, sustain an injury, or go through a divorce. During this time, they may need somewhere to live where they can receive financial and emotional support.
In many cases, an adult moves back home for a short period to get back on their feet after a life event. However, what can parents do if their adult child refuses to move out of their home?
Try Non-Legal Remedies to Convince Your Adult Child to Move Out
The best way to preserve your relationship with your child is to come to an agreement for them to leave home without involving the courts. Try talking with them about their long-term goals and timeline for moving out.
Your child may need assistance developing a budget, managing money, or finding a suitable job. In some cases, they may need to return to school to obtain additional training and skills to increase their earning potential to move out.
A mediator might be able to assist you and your child in resolving conflicts and developing a plan for them to move out. A mediator listens to both sides, helps identify issues, and facilitates discussions that can lead to an agreement. The agreement can be written into a formal contract that is legally binding on both parties.
How Do I Legally Evict My Adult Child in Illinois?
If non-legal remedies fail to get your adult child to move out of your home, you may need to take legal action. The type of legal action depends on several factors, including whether your child has a written lease agreement.
You and Your Adult Child Have a Written Lease Agreement
If your child has a written rental agreement or lease, its terms may dictate how to evict them. Typically, the eviction process begins when the landlord gives the tenant notice to vacate the home.
There are several types of notice periods to evict a tenant in Illinois:
- Five-day notice if the reason for eviction is failure to pay rent
- Ten-day notice if the reason for eviction is a violation of lease terms other than non-payment of rent
- Thirty (30) day notice to terminate a month-to-month lease for a reason other than non-payment of rent or violating the lease terms
Illinois eviction laws are complicated. You must serve the notice of termination of the lease on your adult child. The notice must be served in a specific manner to be effective. Furthermore, Chicago’s Residential Landlord Tenant Ordinance may also apply in your situation.
If your adult child has a lease agreement, speaking with an attorney before you serve notice and begin the eviction process is wise. You do not want to go through the expense and work for a judge to deny the eviction because you made a mistake.
You and Your Adult Child Do Not Have a Lease Agreement
If you do not have a written lease or rental agreement with your child, you must give them a 30-day notice to move out of your home. The notice period may differ depending on specific circumstances. If your child refuses to leave after the notice period, you must file an eviction action with the court. Again, it is best to consult an attorney to ensure you take the correct legal steps to evict someone in Illinois.
Avoid Physical Altercations When Evicting Your Adult Child From Your Home
It is important to remember that physically removing your child from your home could result in assault charges. If your child is injured, they could sue you for personal injuries, including economic and non-economic damages.
If your child becomes physically aggressive, call 911 to request help. Be aware that the police could arrest your child if they assaulted you or broke the law. As soon as possible, contact an attorney to discuss your legal rights.
It is never easy for a parent to evict their adult child in Illinois. In addition to the legal steps you must take, evicting your child has an emotional component.
Therefore, seeking therapy can also be helpful if you are in a situation that requires you to evict your adult child from your home. Sometimes, family counseling can also be beneficial, in addition to personal counseling and calling an attorney for legal advice.
Contact the Chicago Personal Injury Law Firm of Zayed Law Offices Personal Injury Attorneys for Help Today
For more information, please contact the experienced Chicago personal injury lawyers at Zayed Law Offices Personal Injury Attorneys today. We offer free consultations.
We proudly serve Cook County, Will County, Kendall County, and its surrounding areas:
Zayed Law Offices Personal Injury Attorneys – Chicago Office
10 S La Salle St STE 1230, Chicago, IL 60603
(312) 726-1616
Zayed Law Offices Personal Injury Attorneys – Joliet Office
195 Springfield Ave, Joliet, IL 60435
(815) 726-1616
