How to Evict a Roommate Not on the Lease in Illinois

If you are renting in Illinois and sharing your space with a roommate who is not listed on your lease, you may face unique challenges if you need that person to move out. Illinois law treats these situations differently than standard landlord-tenant relationships. This guide explains how to legally evict a roommate not on the lease in Illinois, the necessary forms, and steps you can take, based on up-to-date state resources.

Understanding Roommate Evictions in Illinois

In Illinois, if a roommate is not on the lease, they are typically considered a “guest” or “licensee” under state law and do not have the same legal protections as a tenant listed on the lease. However, once a roommate pays rent or has lived in the unit for a significant amount of time, they may acquire certain rights. Because you are not their landlord, the process to remove them requires careful legal steps.

Key Definitions

• Tenant: A person listed on the lease and legally responsible to the landlord.
• Licensee: Someone permitted to stay in the rental by the tenant (for example, a roommate not on the lease).
• Forcible Entry and Detainer: The legal name for the eviction court process in Illinois.

You cannot use “self-help” actions like changing the locks or shutting off utilities to remove your roommate—that is illegal in Illinois.^[1]

The Legal Eviction Process for Non-Lease Roommates

To remove a roommate not on the lease, you must follow the legal process below. This helps protect both your rights and theirs.

Step 1: Give Written Notice to Vacate

• In most cases, you must give your roommate a written demand to leave, usually called a notice to quit.
• Illinois generally requires a written 30-day notice for licensees or guests who have established residency.
• You can write your own notice or use the state-approved 30-Day Notice to Terminate Tenancy form.^[2]

Be sure to date the notice and keep a copy for your records. Deliver the notice in person or by certified mail if possible.

Step 2: File for Eviction if the Roommate Refuses to Leave

• If your roommate does not move out by the end of the notice period, you must file an Eviction (Forcible Entry and Detainer) action in the circuit court of your county.
• Use the official Eviction Complaint (Form E-1) and Summons (Form E-2) from the Illinois courts website.
• You must show proof of your notice and explain how your roommate is not authorized to stay.

Step 3: Go to Court

• The court will set a hearing date. Both you and your roommate will have a chance to explain your sides.
• If the judge rules in your favor, the court will issue an Eviction Order.
• Only then can the sheriff enforce the order and require your roommate to leave.

Never attempt to physically remove your roommate without a court order—it is against Illinois law and can lead to legal trouble for you.

Official Forms for the Eviction Process

• 30-Day Notice to Terminate Tenancy (no official form number):
  Used to inform your roommate in writing that they must leave in 30 days. Find it on the Illinois Courts Eviction Forms page. Example: You want your roommate to move out by the end of next month—give this notice in writing now.
• Eviction Complaint (E-1):
  Filed with your local circuit court if your roommate does not leave. This starts the legal process. See the official complaint form. Example: Roommate still refuses to leave after you’ve given proper notice.
• Eviction Summons (E-2):
  Once you have filed a complaint, the court issues this to schedule a hearing and notify your roommate. Access the official summons form.

For most renters, the circuit court for your county will handle the process. To find your local court, visit the Illinois Courts: Circuit Courts Directory.

Practical Action Steps for Renters

• Start by talking with your roommate to seek a peaceful agreement if possible.
• If necessary, write and deliver a 30-day notice to terminate tenancy.
• Document every step and keep copies of all communications.
• If your roommate does not leave, file an Eviction Complaint (E-1) and arrange to have the summons served properly.
• Attend court as scheduled with all supporting documents.

Following these steps helps ensure your case is processed efficiently and protects your legal rights.

Frequently Asked Questions

1. Can I change the locks to evict my roommate if they are not on the lease?
   No. Illinois law prohibits “self-help” evictions like changing the locks or shutting off utilities. You must follow the legal court process.
2. What if my roommate never paid rent or contributed to the bills?
   Even if your roommate never paid rent, if they’ve established residency (e.g., receive mail, have lived with you for a while), you still need to give official notice and use the court process if they refuse to leave.
3. Do I need my landlord’s permission to evict a roommate not on the lease?
   If you are the only listed tenant, you can start the court process. However, check your lease for any terms about guests or subletting, and be aware that involving the landlord may affect your tenancy.
4. Which forms do I need to file for roommate eviction in Illinois?
   You need the 30-Day Notice to Terminate Tenancy, an Eviction Complaint (Form E-1), and an Eviction Summons (Form E-2), available from the Illinois Courts.
5. Can I get help with roommate evictions in Illinois?
   Yes. Free legal aid, tenant organizations, and your local circuit court’s self-help resources can all assist you through the process.

Conclusion and Key Takeaways

• Illinois law requires formal notice and a court order to evict a roommate not on your lease.
• Never use self-help (lockouts or utility shutoffs)—it’s illegal and can delay your case.
• Use official eviction forms and consult your local circuit court if you need additional guidance.

By following Illinois’ legal steps, you protect both your rights and the rights of your roommate, reducing the risk of unwanted legal issues.

Need Help? Resources for Renters

• Illinois Circuit Courts: Find Your Local Court – Where to file your eviction case and access forms.
• Illinois Legal Aid Online – Free information and legal assistance for renters.
• Office of the Illinois Attorney General – Tenants’ Rights – Official guides and contacts.
• Illinois Courts: Eviction Forms – Official eviction notices and court paperwork.
• Illinois Forcible Entry and Detainer Act – The main law covering eviction in the state.

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1. See the Illinois Forcible Entry and Detainer Act (735 ILCS 5/9).
2. Official forms and eviction process available at the Illinois Courts: Eviction Forms page.

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