If I obtained a restraining order would it force him to vacate my home sooner?

Full question:

I have lived with my boyfriend for about 1 consecutive year. I am the homeowner and am the only name on the mortgage. At this time I have indicated my desire to have him move out. He is a heavy drinker has a great ability to damage my house. Currently I am living at another location as I understand that he has to be given 30 days notice to vacate. If I obtained a restraining order due to the dangers of having him live in the house and the threat he potentially poses to me would it force him to vacate sooner?

  • Category: Real Property
  • Subcategory: Joint Tenants
  • Date:
  • State: Illinois

Answer:

Illinois Public Act 094-

1038 (effective

January 1, 2007)

If a tenant provides evidence of domestic or sexual violence, and written notice from all
tenants who are lessees under the lease, the landlord must change the tenant’s locks or given
the tenant permission to do so within 48 hours of the tenant’s request if there is a reasonable
belief that the tenant, or a member of tenant’s household is under a “credible imminent
threat” of domestic or sexual violence by someone who is not a lessee under the lease.
Evidence of domestic or sexual violence is provided by court, medical, or police reports, or
by a statement from an employee of a rape crisis or victim services organization. The
landlord may charge a fee to the tenant for the cost of the change. If the landlord fails to
change the locks within that period, the tenant may do so without the landlord’s permission,
and provide the landlord with a copy of the key within 48 hours.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If your boyfriend is not on the mortgage or deed, you generally have the primary rights to the property as the homeowner. However, if he has lived there for a significant time, he may have some tenant rights depending on local laws. It's best to consult a legal professional for guidance specific to your situation.