Can my boyfriend's landlady evict him simply because she doesn't like him?

Question

My boyfriend is current on his rent and has not had any major issues such as noise complaints or what ever. He just lost his job and drinks too much and based on that she's trying to evict him. She just presented him with a pre-eviction notice with several bogus complaints.

One of the complaints was that he was late with his rent a few times. However under the terms of his lease, he has a ten day grace period and paid the rent within his grace period. The lease states that the rent is due on the first of the month, but his landlady says that she wants in on the 30th of the prior month and if she doesn't get it by then, it's late. Another complaint was that his ex-girlfriend smoked in the back yard and once he bounced a check (but paid within the grace period).

Can his landlady do this? We live in Chicago.

Answer 1

If he has a fixed term written lease that is still in effect, she will have to prove his breaches in front of a judge.

If his fixed term lease has expired, he is a month to month tenant, then the landlord can terminate his tenancy without any cuase or reason. If he fails to move out per the termination notice, he can be evicted for holding over.

Since the landlord gave him reasons in writing, she may have shot herself in the foot because he now has a chance to present a defense if he chooses to remain and she files in court.

Regardless, if he remains, the landlord will likely file for eviction when the termination date comes. He may win or lose.

If he wins, the landlord will likely just follow up with a no cause termination to which he would have no defense and lose.

Even if he wins the eviction case, he will now have an eviction filed (not ordered, but filed) against him, which future landlords can find in background checks via public court records. Many landlords will not rent to someone who was dragged into court by a previous landlord regardless of the reason or facts of the case.

He will never get a positive refrence from the landlord, but it may be in his best interest to find another place and move by the termination date.

Answer 2

There are 2 parts to this.  No she can not just make up bogus charges and evict him.  If he has his cancelled checks, no judge in the world will let her evict him.  The law is clear.

Now we get to the important part.  She doesn't want him.  She really really doesn't like him. She doesn't want to see his face.  So why would he want to stay.  Hit the road.  Life is too short to stay where you are not wanted.

But your question is very intriguing, nonetheless.  What happened to ex-girlfriend?  Where is she?  Will you soon be ex-girlfriend, too.  And he is a great guy or you wouldn't love him but he just happens to be unemployed and drunk (not always but often).  Is that what your mom wished for you when you were a little baby in her arms?  I dont' think so.   Maybe you will marry this guy and live happily ever after.

Answer 3

The rent is due when it says in his lease . The "Grace Period" means he won't get evicted if paid by a certain date ... BUT; if it is not paid on the date due in the lease ..it IS "Late" ......

If his "EX" bounced a check .. then the rent was not paid ..Period .... again; the grace period just means no eviction IF rent is paid .....

The landlady actually does have grounds for an eviction ....

You Boy friend needs to get his act together , stop the boozing , get another JOB , and talk to his landlady about staying IF he likes the place ....

Answer 4

She'll have to have solid proof of a lease violation. Ask her to spell out exactly what part of the lease he is not complying with and what proof she has. She also has to give him an opportunity (typically 7 days) to cure the non-compliance. He should document everything he can in his defense. Technically anyone can file an eviction for anything they want, but if he argues it and she does not have solid evidence that he specifically and intentionally is violating his lease agreement, than any judge will throw out the eviction and make her pay him any legal fees he incurred to defend himself.