I need help, regarding someone not on the lease

photojunkie90

New Member
Jurisdiction
Illinois
My roommates and I are in quite a sticky situation, and I'm pleading for some sort of an answer because we've asked police and they all say we can't do anything about it.

Quick summery of the situation, my one roommates friend was evicted from his apartment and we didn't want him to be homeless so we told him he could stay a little bit here until he gets back on his feet. We allowed him to take his belongings and transfer them here and we put him in my room with me. Well, the first week or so he was being respectful with our wishes and listened to our rules we had set in place because we want to keep our place as our home. After a little bit he began bringing large number of friends over when we asked him nicely to stop, and we don't want a ton of people over constantly. The one day I came back and I smelled weed filling up the hallway of our complex and as soon as I opened the door hes in the living room smoking with his girlfriend (who has also been staying with us when we told him only a couple days at the most). So eventually it just began getting so far out of hand, he gave us a month of rent and has been here for one month but hasn't given us anything since the start of august exactly one week. We told him that if hes going to continue staying he needs to pay rent and we'll have to inform our leasing office, and his girlfriend has to pay rent as well.

Well he snapped on us and then we requested he takes his stuff and leaves. He's been refusing, so we informed our leasing office of the situation and they gave a 48 hour notice and threatening us in the process saying he either leaves or we all do. We've given him six written notices about it simply asking to leave with his belongings. Its been nearly 4 days and he hasn't been anywhere around the apartment and has ignored all our attempts of contacting him. The cops say we'd be liable if we leave the stuff out by the dumpster and then he began having the cops call us telling us that we better not damage his property that HE left in our apartment. He's taken his clothes and everything, we had about 6 boxes of assorted stuff like books,wires,porn mags and...a flesh light along with his bed,tv and dresser.

He came by today because we noticed the note we left on the door for him simply requesting for him to take his things was taken down.
We've been completely civil with the matter, we've taken a police report with a list of his belongings and the notice yet the cops say we still can't remove any of his things because we're liable.
Our leasing office though, told us to throw everything away, but the cops are saying he can press charges against us.

What can we do just to remove his things because its literally all we want to do.
 
He will need to be evicted in accordance to your local rental laws. In addition it might be the Landlord who must evict it depends on situation and to whom (if anyone) rent was paid to. If you allowed this person to stay without landlord approval you too can be evicted
 
It's always best to never let anyone stay with you though I know you were just trying to be helpful but too many situations like yours happen.

You (or landlord) most likely are now going to have to evict him through the court system.
 
Bear in mind, your landlord wants him gone.
If he isn't gone very soon, I'd expect the landlord to carry out the threat to evict teh lot of you.

When you allowed him to stay and took that first dollar of "rent" money form him you breached your lease covenant. You've put everyone of you in legal jeopardy.

Bear in mind that an eviction doesn't just end when you leave or the sheriff drags you out and tosses your junk on the curb. No, that's when the nightmare REALLY begins.

You see, the mere filing of an eviction can negatively impact your ability to ever rent decent housing for 40 years or longer. It can drag your FICO down, destroy your ability to obtain good jobs, and in some cases government clearances.

I suggest you get together $500 (or some enticing amount) and get the boorish oaf to agree to leave by accepting the money. Put it all in writing, get him to remove his junk, return the keys, and he gets the money after he's done all of that. Then agree to meet at Starbucks to hand him the cash, poof, he's gone, the landlord's happy, and life returns to normal.
 
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