Are Tenants that Refuse to Leave Criminally Trespassing?

 Posted on January 11, 2019 in Criminal Defense

Being a landlord in Rolling Meadows, regardless of whether it is of a single family home or a huge apartment building, is not easy. There is maintenance to worry about, collecting rent from tenants, and of course, possibly evicting them when they fail to make those payments. What happens though, when a tenant refuses to leave after being evicted? Can the landlord have them charged with criminal trespassing?

Illinois Statute 720 ILCS 5/21-3

The definition of criminal trespassing is outlined in Illinois statute 720 ILCS 5/21-3. Essentially, the statute states that criminal trespassing has occurred when someone enters or remains on land after the owner or occupant has asked them to leave.

This sounds like it would cover a situation in which a tenant will not leave after being evicted, or asked to leave, by their landlord. However, it does not. The statute has some exceptions.

One of these is when the person being asked to leave is living on the land. Furthermore, anyone invited onto the land by the tenant that will not leave is also not considered to be criminally trespassing, even if the owner has asked them to vacate the premises. For these reasons, a person is most often charged with criminal trespassing when they have unlawfully entered, or refused to leave, a business or public area, not when they are in their home.

In the case of a person criminally trespassing, the property owner has to phone the police and have the person arrested. Police cannot simply show up and arrest tenants that refuse to leave. If they did so, they could be held liable for unlawfully evicting a person from their home.

Illinois Code of Civil Procedure

This does not mean that landlords do not have any options when it comes to removing unwanted tenants. It simply means that they must follow the civil, not criminal, procedures outlined in the Eviction Act. According to Illinois statute 735 ILCS 5/9-209, a landlord can notify a tenant of eviction if the tenant has not paid rent five days after it was due.

Of course, it is more time-consuming to follow the requirements set out in the Act. It is though, the only legal recourse a landlord has. The process of eviction in Rolling Meadows also is not one that takes as long as many people think. From the time notice is provided by the landlord to the time the eviction is final takes approximately one month.

Contact a Rolling Meadows Criminal Defense Lawyer that Can Help

The idea of criminal trespassing, and all it encompasses, can become confusing. This charge is not always appropriate simply because someone is on someone else’s property, even if they have been asked to leave. For this reason, people are sometimes charged with criminal trespassing when they are not guilty of the crime.

If you have been charged with criminal trespassing, do not try to fight the charges on your own. Contact a skilled Rolling Meadows criminal defense attorney that can help. The penalties for criminal trespassing if convicted can include up to one year in jail, in addition to the permanent mark on your criminal record. Our office offers a free consultation so call us today at 847-253-3100 so we can start reviewing your case.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K9-209

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K21-3