- May 5, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Legal Situation of My Partner and Her Daughter Living with Roommates
My partner (30) and her daughter (5) have been living with their roommates (30, 29) for almost a year now. Recently, the four of them moved to a different unit in the same building, staying in the current unit for over 30 days. With nearly eight months spent in the previous unit, they have a significant history of tenancy in the building.
## Payment Arrangements and Lease Status
Although my partner’s name is not on a lease for the new unit, there are records of her making rent payments to one of her roommates. The roommates themselves have been on a month-to-month arrangement since their original lease ended. This raises questions about the legal standing of kicking my partner and her belongings out of the unit.
## Concerns and Legal Rights
Given the threats made by the roommates to dispose of her belongings, it is crucial to understand the legality of such actions. Can they legally evict her without a formal lease agreement? Would removing her belongings while she is still allowed to reside there constitute theft? These are pressing concerns that need to be addressed, especially considering the potential vulnerability of her possessions.
## AI Legalese Decoder Assistance
Utilizing the AI Legalese Decoder tool can provide clarity and guidance in navigating the complex legal intricacies surrounding tenancy rights and property ownership. By inputting key details of the situation, the AI decoder can analyze the relevant laws and regulations in Chicago, IL, offering actionable insights to protect my partner’s rights and possessions.
Your continued support and assistance in addressing these challenging circumstances are immensely appreciated. Together, we can ensure that my partner and her daughter are treated fairly and lawfully in their living situation.
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****** just grabbed a
That’s not legal. File a report and check with legal aid.
No, it’s not legal. She can call the police to see if they will come talk the roommates into letting her back in, but if that doesn’t work her only real recourse is to sue for unlawful eviction.
No it’s not legal. They have to go by the terms of the lease _ and if there isn’t one — by the state laws. Worst case it’s 30’days notice — and typically written notice. She should call the police right away and potentially the town rental ordinance division. They can speak to the roommates and tell them it’s not allowed. Gf can also tell roommates it’s not legal and she’s notifying police.
This is not legal in anyway in illinois. Notices to month-to-month tenants require a 30-day notice be given BEFORE the next rental period begins in order to terminate the tenancy. I know this because i live in illinois. This is also per the illinois state bar association. Call the land of Lincoln, even if they dont represent you they can point you in the right direction.
Pretty sure in Chicago no lease is the same as month-to-month. Minimum 30 days notice, or maybe 60.
Not legal at all. She established residency, and if she does find her things out of the apartment or the locks changed, tell her to call 911, the roommates can get an a administration notice of violation
NAL.
See resources from [Illinois Legal Aid](https://www.illinoislegalaid.org/legal-information/lockouts), which includes Chicago- and Cook County-specific information.
May not be of much help if the roommates intentionally ignore the law, but if you’re looking to reassure your partner of the law, this should help.
If the girlfriend doesn’t want to actually move back into the apartment/residence, and may want to have some karma hit the former roommates, the GF can always contact the property owner or landlord and report the former roommates of subletting the property. Subletting is usually a lease breaker for those that sign the lease and can result in the leaseor to be removed (evicted) from the property due to broken lease. This would be effective immediately just like they did to the GF. Revenge can be sweet at times.
They can evict her but not just throw her and her belongings out. Even an eviction is problematic without cause.
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IANAL: This is a seriously dumb idea on the part of the roommates. Illinois law is fairly tenant friendly. Chicago itself has a law called the Residential Landlord Tenant Ordinance.
If they lock her out, the girlfriend can call three eleven. If the police give her the run around, remind them that they have a special order [(93-12)](https://directives.chicagopolice.org/#directive/public/6718?f=evict). The police can and will restore access. They really do not fuck around with it either, I’ve seen them bust down a door and call a locksmith out.
It gets a bit murkier because it is other tenants and not the landlord themself doing it, but if they actually rekey the lock, the police tend to not ask questions.
she didn’t sign a lease for the new place and her roommate is paying for her stay with “proof” of payments.. sounds pretty sketch to me.
She should talk to a lawyer. If the unit and her situation qualifies, Chicago’s Residential Landlord and Tenant Ordinance (RLTO) has protections for tenants in this situation. The Chicago Police Department helps enforce the prohibition against lockouts, and if qualified under RLTO there are pretty hefty fines.
As a tenant if you are locked out of your house on purpose you allowed to smash down that door and go in on the other side you have to replace what you break to get inside the house that you actually live at
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