I am looking for the correct response for evicting a family member from a home in Illinois. My 40+yr old brother lives with my mother in her house. He does NOT pay any rent or any of the utilities. In fact, he is in deep financial debt and possible doing illegal drugs. He is stealing money from her, wrote checks on her checking account while she was in the hospital, and recently took her ATM card and withdrew money from her account without telling her. She doesn't feel safe with him in the house any more. So what is the process for evicting him from her house? Does it take 30 days or can it be done sooner. If we remove my mother from her own house to keep her safe then he is probably going to take things from the house and pawn them off. Can we legally change the looks and keep him our of her house?
Answer
Do not use self-help, such as changing the locks or tossing his belongings. This question is more complex than can be fully analyzed here.
To start, recognize that this is your mother's issue. So, she needs to be the one to initiate action unless there is a valid power of attorney or guardianship. You cannot take steps in your own name to evict.
To evict, unless he leaves voluntarily after your mother tells him he is no longer welcome, she will have to follow Illinois eviction law. An attorney will consider where this fits into the statute, but it is probably a five-day written notice, followed by the filing of the eviction lawsuit (referred to as Forcible Entry and Detainer). In your area, it is likely that a prompt court date can be scheduled.
The concern, will the actions involved endanger your mother or her property? So, as an alternative, you may wish to approach this more as a matter of elder abuse or press charges for other crimes so other authorities may step in. You can try the Illinois Attorney General's office, which has a section for elder abuse concerns. You can try local elder care organizations. You can try the police.
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