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:
In Illinois, if a tenant can show evidence of domestic or sexual violence, they may have certain rights. According to Illinois Public Act, if you provide evidence of a credible imminent threat of domestic violence, your landlord (you, as the homeowner) must change the locks or allow you to do so within 48 hours of your request. This applies if the threat is from someone who is not a lessee under the lease. Evidence can include court, medical, or police reports, or statements from victim services organizations. If the landlord does not comply, you can change the locks yourself and provide a key to the landlord within 48 hours. However, this law primarily addresses tenant rights and may not directly expedite your boyfriend's removal unless you can demonstrate a specific threat to your safety.
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.