Need to evict my friend. Should I give him a somewhat harsh written notice?

Need help? Ask for it. Serious Discussions Only.
Tenmakk
Posts: 5
Joined: Sat Mar 29, 2014 2:26 pm

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Tenmakk »

I have a friend who I've known since October. About 2 months ago he moved in on the couch for an unspecified amount of time (paying a bit of rent). It's necessary for him to move out asap even though he has nowhere to go. I'm giving him 30 days notice and as his "landlord" am legally required to do it in writing. If I only give verbal notice there's an off chance that, at the last minute, he will ignore it and refuse to move out (I don't know him all that well). Then I will have to wait 30 more days.

So I've looked up a written legal notice template. It sounds kind of harsh and unfriendly. I would appreciate some advice. Do you think I should give him this notice or be friendlier and risk it by doing it verbally instead? As a friend, would you be upset if I gave it to you instead of doing it verbally? This is what's on the document:

TO: ___xxxxx____

You are hereby notified that your tenancy of the following premises, to-wit: ____xxxxxx_______

situated in the City of Chicago, in the County of Cook, and State of Illinois, will terminate on the __5th_ day of _May_, _2014_ and you are now hereby required to surrender possession of said premises to the undersigned on that day.

Dated at Chicago, Illinois, this ______day of ________, 20_____

__________________________________

Landlord



STATE OF ILLINOIS, SS. AFFIDAVIT OF SERVICE -- When served by a person not an officer

County of Cook

I, __xxxxx____, being duly sworn, on oath deposes and says that on the

_____day of ___________, 20____ he served the within notice by delivering a copy thereof to the within named tenant, _____xxxxxx_______



Subscribed and sworn to before me

this _________day of ________, 20______.



___________________________________

Notary Public
User avatar
G#Gill
Posts: 14726
Joined: Thu Apr 05, 2007 1:09 pm

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by G#Gill »

I would suggest that you fill in the appropriate form (the first one seems a little more friendly) and give it to him, but at the same time tell him that you need for him to leave the premises (for whatever reason if you decide to explain a reason to him), and that the document is to protect both him as well as you, within the eyes of the law. Maybe, if there was no formal written agreement when he first moved in, just a verbal request will have to do, and hope that he will co-operate. The written notice to quit your premises should be mainly as a protection for yourself, in case he should prove awkward and you feel that you may have to get a formal eviction. At least he will have 30 days to find another place to go to. American law is probably a little different from English law, so it is probably better if you find some legal advice.
I'm a Saga-lout, growing old disgracefully
User avatar
LarsMac
Posts: 12235
Joined: Fri Nov 27, 2009 9:11 pm
Location: Far Out, Man

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by LarsMac »

If you don't have a formal agreement, you don't need to make a formal demand for your friend to leave.

Just tell you friend he has a week to find a new place to crash. and change the lock next week.

Hopefully, he's a good sport about out.



I would have never let someone I've only known for a couple of months move into my house to start with.

That is just asking for trouble.

When I was young and bumming about the country, I had people allow me to spend a night or two, but to just flat move in, naw, bad idea, all the way around.
Control is an illusion. The Chaos is all part of the fun.
-Susan Hattie Steinsapir
User avatar
Oscar Namechange
Posts: 31842
Joined: Wed Jul 30, 2008 9:26 am

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Oscar Namechange »

Although the USA has different laws to the UK, In this situation, they are very much the same.

It all depends on weather you have taken any money from your friend toward utilities or rent. If you have then you have to go by the law, even though It may just be a verbal agreement.

You have to consider that If you put him out on the streets after he's paid rent or utilities, then he may sue you for unlawful eviction. Whatever the country, courts do not take that lightly and you must show you have been reasonable.

My advice would be to give him 14 days notice In writing. If he still won't vacate, then In writing, give him another 7 days but you must put In writing that you will be changing the locks after the 7 days If he does not vacate otherwise he could argue that you made him homeless.
At the going down of the sun and in the morning, we will remember them. R.L. Binyon
User avatar
High Threshold
Posts: 2856
Joined: Wed Nov 23, 2005 2:20 am

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by High Threshold »

Tenmakk;1451024 wrote: Need to evict my friend. Should I give him a somewhat harsh written notice?


FIRST OF ALL - Is this "friend" of yours aware that you want him out?
Tenmakk
Posts: 5
Joined: Sat Mar 29, 2014 2:26 pm

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Tenmakk »

I'm afraid you're a little late on this one.
User avatar
LarsMac
Posts: 12235
Joined: Fri Nov 27, 2009 9:11 pm
Location: Far Out, Man

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by LarsMac »

So, I guess, Your friend has moved on?
Control is an illusion. The Chaos is all part of the fun.
-Susan Hattie Steinsapir
User avatar
High Threshold
Posts: 2856
Joined: Wed Nov 23, 2005 2:20 am

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by High Threshold »

Tenmakk;1451661 wrote: I'm afraid you're a little late on this one.


Did you result to violence or just insult him? :)
User avatar
Týr
Posts: 1218
Joined: Mon Oct 08, 2012 5:29 am

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Týr »

It strikes me Lars was quite right, he wasn't a tenant, he was a house guest, and that's not "rent", that's a contribution toward the housekeeping. If he didn't leave within the hour on demand the police would move him on, if asked, for simple trespass on private property. That's an English view but I can't see how the US would be any different in this regard.
Long Live General Kim Jong-un, the Shining Sun!
User avatar
Oscar Namechange
Posts: 31842
Joined: Wed Jul 30, 2008 9:26 am

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Oscar Namechange »

Týr;1451676 wrote: It strikes me Lars was quite right, he wasn't a tenant, he was a house guest, and that's not "rent", that's a contribution toward the housekeeping. If he didn't leave within the hour on demand the police would move him on, if asked, for simple trespass on private property. That's an English view but I can't see how the US would be any different in this regard.


I beg to differ Tyr. US law Is quite different re: house guests.



For unwanted house guests that have been living in the rental unit or home for less than 30 days, the laws are disturbingly sparse. Although the law might not recognize the individual as a tenant, any physical attempt to remove the individual could result in a lawsuit. For example, if you place the individual’s property on the lawn or street and change the locks, the individual might attempt to sue for unlawful eviction by claiming that he had a verbal agreement with you. The individual may also attempt to sue for any perceived damages to his or her property. In cases such as this, the best way to protect yourself would be to serve a formal written notice of termination of tenancy. If you feel that written notice will not be enough to get rid of the house guest, do not wait until the last minute to begin the eviction process. Be prepared to file eviction papers as soon as the notice period ends.

Read more: Legal Removal of Unwelcome House Guests

Under Creative Commons License: Attribution

Follow us: @FreeAdviceNews on Twitter | freeadvice on Facebook

My advice was sound advice and stands.
At the going down of the sun and in the morning, we will remember them. R.L. Binyon
User avatar
LarsMac
Posts: 12235
Joined: Fri Nov 27, 2009 9:11 pm
Location: Far Out, Man

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by LarsMac »

Well, Oscar, I doubt any of us here are actually qualified to offer legal advice. My advice was simply advice.

I did have a conversation with my nephew, who is a real estate lawyer, this morning, though, and here is what he had to say:

There are few laws governing house guests, other than the law of common sense.

The first step was to simply ask the person to leave. You are under no legal obligation to let them stay any longer than they are welcome.

Should they refuse to leave, then it becomes a matter for the legal world, but if your name is on the lease, and the other person is not, it is your legal domicile, and they are trespassing. It's that simple.

If the other person is on the lease, it becomes a whole different matter, entirely. But that is outside the scope of this thread.
Control is an illusion. The Chaos is all part of the fun.
-Susan Hattie Steinsapir
User avatar
Týr
Posts: 1218
Joined: Mon Oct 08, 2012 5:29 am

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Týr »

McOscar;1451677 wrote: My advice was sound advice and stands.
I didn't even know you'd given any, oscar. I doubt whether it was worth paying attention to though.
Long Live General Kim Jong-un, the Shining Sun!
User avatar
High Threshold
Posts: 2856
Joined: Wed Nov 23, 2005 2:20 am

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by High Threshold »

Týr;1451676 wrote: ...... That's an English view but I can't see how the US would be any different in this regard.


A fundamental difference being that in the States a pistol might be legally employed into service to assist in dislodging Tenmakk's "friend". :)
User avatar
Oscar Namechange
Posts: 31842
Joined: Wed Jul 30, 2008 9:26 am

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Oscar Namechange »

LarsMac;1451680 wrote: Well, Oscar, I doubt any of us here are actually qualified to offer legal advice. My advice was simply advice.

I did have a conversation with my nephew, who is a real estate lawyer, this morning, though, and here is what he had to say:

There are few laws governing house guests, other than the law of common sense.

The first step was to simply ask the person to leave. You are under no legal obligation to let them stay any longer than they are welcome.

Should they refuse to leave, then it becomes a matter for the legal world, but if your name is on the lease, and the other person is not, it is your legal domicile, and they are trespassing. It's that simple.

If the other person is on the lease, it becomes a whole different matter, entirely. But that is outside the scope of this thread.


The question you raised with your nephew was a question concerning house guests.

Two things here. First, the poster uses the word ' evict' In his title. Two, he says In his OP that he has been accepting ' rent '.

The word ' rent' Indicates that an agreement was entered be It verbal . They have obviously discussed rent and what sum to be paid when.

That Is the aspect to this which may cause him some problems should It turn ugly.

By the very nature that ' rent ' has been accepted, this changes the position from ' house guest'.

If ' rent ' has been agreed and accepted, then his house guest becomes a tenant regardless of where he sleeps. Due to that, he could be open to a lawsuit by unlawfully evicting a tenant and making him homeless.

My advice was not legal advice but a means to avoid him having any further complications In the matter that could lead him Into a situation where he does Indeed need legal advice. That advice Is to put the ' eviction ' as he states In his thread title, In writing with a reasonable time for his lodger to find alternative accommodation. Should he not vacate on that date, another formal letter In writing stating when his time Is up. Should the matter still not be resolved and a court order has to be obtained, the judge will note he has been more than reasonable which should keep him out of trouble.
At the going down of the sun and in the morning, we will remember them. R.L. Binyon
Tenmakk
Posts: 5
Joined: Sat Mar 29, 2014 2:26 pm

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Tenmakk »

LarsMac;1451662 wrote: So, I guess, Your friend has moved on?


No, I decided to hold off on the written notice and things just sort of worked out in the meantime. So we're good so far.
Tenmakk
Posts: 5
Joined: Sat Mar 29, 2014 2:26 pm

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Tenmakk »

And just for the record, I did learn that I could soften the language as long as I didn't change the meaning (in IL at least). So I did do that, but as I said, I ended up not needing it.
Tenmakk
Posts: 5
Joined: Sat Mar 29, 2014 2:26 pm

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Tenmakk »

OK, after reading some posts, I'll try to clear things up. In IL at least...The terminology doesn't matter. It doesn't matter if I call myself God, him a peasant, or say he gives me a required tithe every month. As long as he pays rent and isn't late, I have to give him 30 days notice (and get it notarized to be safe). Also, as long as I give 30 days notice, I don't need a reason to evict him.

If he doesn't leave after that, I have to go to court (it would cost me $400 unless I could prove that I had too low of an income to pay it). Then he can be forcefully removed by the Sheriff.
User avatar
Týr
Posts: 1218
Joined: Mon Oct 08, 2012 5:29 am

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Týr »

Perhaps the Illinois meaning of the word "rent" needs to be established before we can comment on that. And "late". Both imply, in my eyes, a formal agreement to sublet with a stated amount and a due date - which, of course, you may well have had, even if only verbally. If that's the case then it's not what I understood from your opening post. If it's not the case, define "rent" and "late".

The original post says "paying a bit of rent" which sounds far less formal than a subletting and a great deal more like a contribution toward his costs. Was there a stated amount? Was there a due date? I note that a sample dip into Illinois landlord and tenant law (8th hit from googling [illinois rent law]) implies rather more formal agreements, such as For the purposes of this Section, "dwelling unit" means a room or suite of rooms used for human habitation and for which a lessor and a lessee have a written lease agreement.

http://www.ilga.gov/legislation/ilcs/il ... apterID=62

Long Live General Kim Jong-un, the Shining Sun!
User avatar
Oscar Namechange
Posts: 31842
Joined: Wed Jul 30, 2008 9:26 am

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by Oscar Namechange »

Tenmakk;1451701 wrote: OK, after reading some posts, I'll try to clear things up. In IL at least...The terminology doesn't matter. It doesn't matter if I call myself God, him a peasant, or say he gives me a required tithe every month. As long as he pays rent and isn't late, I have to give him 30 days notice (and get it notarized to be safe). Also, as long as I give 30 days notice, I don't need a reason to evict him.

If he doesn't leave after that, I have to go to court (it would cost me $400 unless I could prove that I had too low of an income to pay it). Then he can be forcefully removed by the Sheriff. That Was exactly what I was trying to highlight In this thread. The fact that If he paid rent, then there Is a legal way to go about things and you can not just throw someone out as a trespasser or house guest without getting sued.

I wish you the best of luck and hope things work out In your favour.
At the going down of the sun and in the morning, we will remember them. R.L. Binyon
User avatar
LarsMac
Posts: 12235
Joined: Fri Nov 27, 2009 9:11 pm
Location: Far Out, Man

Need to evict my friend. Should I give him a somewhat harsh written notice?

Post by LarsMac »

All I have to say is that if you have to go through that for a "friend" then you need to pick better friends.
Control is an illusion. The Chaos is all part of the fun.
-Susan Hattie Steinsapir

Return to “Friends, Relationships, Advice”