How to Evict a Roommate in Illinois (and Other Household Situations)
What Illinois law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: A tenant who rents to a roommate is that roommate's landlord. Illinois's eviction law covers any lessee "or any person holding under such lessee" who holds possession without right after the tenancy ends by its terms or by notice to quit. The tenant must end the roommate's tenancy with written notice (30 days for a month-to-month or other tenancy under one year; 7 days for week to week; or a 5-day notice for unpaid rent) and then file an eviction case if the roommate stays. 735 ILCS 5/9-102(a)(4), 9-207, 9-209
| Removing a roommate or subtenant | A tenant who rents to a roommate is that roommate's landlord. Illinois's eviction law covers any lessee "or any person holding under such lessee" who holds possession without right after the tenancy ends by its terms or by notice to quit. The tenant must end the roommate's tenancy with written notice (30 days for a month-to-month or other tenancy under one year; 7 days for week to week; or a 5-day notice for unpaid rent) and then file an eviction case if the roommate stays. Chicago, Cook County and some other local governments have their own landlord-tenant ordinances with added notice and process rules. |
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| Guests who won't leave | No statute sets a number of days after which a guest becomes a tenant. The person entitled to possession can bring an eviction case when a peaceable entry is made and possession is unlawfully withheld, after a written demand for possession. If the people in possession are unknown occupants who are not parties to any lease or rental agreement, the demand can be directed to "unknown occupants." The eviction article does not stop police from enforcing criminal trespass (735 ILCS 5/9-102(e)). Whether someone is a guest or a tenant depends on the facts. Source: 735 ILCS 5/9-102(a)(2), 9-104 |
| Removing a family member or partner | No statute names family members specifically. A family member or partner who came in peaceably but refuses to leave falls within the eviction ground for a peaceable entry with possession unlawfully withheld: the owner or leaseholder serves a written demand for possession and then files an eviction case in circuit court. Orders of protection under the Illinois Domestic Violence Act are a separate court process that can grant exclusive possession of a residence. Source: 735 ILCS 5/9-102(a)(2), 9-104 |
| Tenancy at will | For a tenancy for any term less than one year (other than week to week) where the tenant holds over without special agreement, the landlord may end it with 30 days' written notice; week-to-week tenancies need 7 days' written notice, and year-to-year tenancies 60 days' written notice before the end of the year. Once a tenancy is ended by such notice, no further demand is needed before filing an eviction case. Source: 735 ILCS 5/9-205, 9-207, 9-208 |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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Illinois eviction laws · Free legal help in Illinois · Roommate rules in other states
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.