What Are My Rights as an Unlisted Tenant in Illinois?

You may still have significant legal rights if you are living in a residential property, even if you are not named on the lease. This situation may occur when you are living with a significant other or even if you are staying as an extended guest.  

Your legal rights depend on whether you are an “occupant” or a “tenant.”  

Who is the Tenant?  

A tenant is someone who is a party to the lease agreement and has signed the lease.  

Who is an Occupant?  

You will be considered an occupant if you live in the unit with the permission of the tenant (the person named on the lease), but you are not a party to the lease agreement.  

How do you Become a Quasi-Tenant? 

You could be considered a tenant if you establish residency in the unit without permission from the landlord.   

Four Ways to Establish Residency  

1. You have lived there for a significant amount of time.  
2. You have contributed to or paid rent.  
3. You have contributed to or paid for utilities. 
4. You receive mail there. 

If you can show one or more of the above, the court will likely consider you a quasi-tenant, which allows tenant rights to attach.   

Can you be Evicted if you are Considered a Tenant Even if you are not on the lease?   

Yes. Eviction rights are controlled by the Illinois Forcible Entry and Detainer Act. Since you are not a party to the lease, you are not legally bound by its terms. However, if you can establish that you are a quasi-tenant by meeting the above criteria, the landlord will need to follow proper procedures to evict you.

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Possible Grounds for Eviction 

• Not paying rent.  
• Breach of the lease agreement (damage, unauthorized occupants).  
• End of the lease term and refusal to vacate.  

What is Required to Evict a Tenant?  

The Illinois Forcible Entry and Detainer Act has particular requirements for a landlord to succeed in evicting a tenant. The landlord must file an eviction action and prove to the court that they provided proper notice and have a valid legal reason for the eviction.  

Illegal Eviction 

If a landlord attempts to evict a tenant without following the proper legal procedures and obtaining a court order, they may be liable for an illegal eviction. If a tenant believes they are the victim of a wrongful eviction, they should contact an attorney to represent them in the court case. If a tenant believes they are being illegally evicted, they should also contact an attorney.