What are the cohabitation laws in Illinois regarding evicting former partner?
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Answer:
Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. The time period in Virginia is 15 years. Payment of taxes alone isn't sufficient to claim a property by adverse possession. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession. Payment of real property taxes and making improvements (such as paving or fencing) for the statutory period, which varies by state, are evidence of adverse possession but cannot be used by a person with no claim to title other than possession. Certain public property is not subject to adverse possession. Some states require that the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so. In addition, many states require concurrent the payment of property taxes for a specified period of time, and a few states also require that improvements be made upon the land. Eventually, the possessor is required to file for title with the county recorder. The actual owner then has a limited amount of time in which to challenge the newcomer's title. Essentially, the owner's only argument is to claim some sort of disability; such as age, mental instability, or imprisonment. The owner is not required to do much in order to stop the possessor from acquiring title; merely sending the possessor a note granting permission to be there will usually suffice. Various rules exist regarding the continuousness of the possession and the ability to "tack" various periods of possession together in order to satisfy the time of possession requirement.
When a person resides on the premises without a written lease, the person is often considered a month-to-month tenant at-will. An at-will tenancy may be terminated by the landlord/owner serving a written notice. If the premises is a manufactured home, the notice must be at least 60 days, otherwise the notice is 30 days for monthly tenants.
The following is a VA statute applicable to manufactured homes:
§ 55-248.46. Termination of tenancy. —
A. Either party may terminate a rental agreement which is for a term of
60 days or more by giving written notice to the other at least 60 days
prior to the termination date; however, the rental agreement may require a
longer period of notice. Notwithstanding the provisions of this section,
where a landlord and seller of a manufactured home have in common (i) one
or more owners, (ii) immediate family members, or (iii) officers or
directors, the rental agreement shall be renewed except for reasons that
would justify a termination of the rental agreement or eviction by the
landlord as authorized by this chapter. A landlord may not cause the
eviction of a tenant by willfully interrupting gas, electricity, water or
any other essential service, or by removal of the manufactured home from
the manufactured home lot, or by any other willful self-help measure.
B. If the termination is due to rehabilitation or a change in the use
of all or any part of a manufactured home park by the landlord, a 180-day
written notice is required to terminate a rental agreement. Changes shall
include, but not be limited to, conversion to hotel, motel, or other
commercial use; planned unit development; rehabilitation; demolition; or
sale to a contract purchaser. This 180-day notice requirement shall not
be waived; however, a period of less than 180 days may be agreed upon by
both the landlord and tenant in a written agreement separate from the
rental agreement or lease executed after such notice is given and
applicable only to the 180-day notice period.
The following is a VA statute that applies to residential tenancies that aren't manufactured homes:
§ 55-248.37. Periodic tenancy; holdover remedies. —
A. The landlord or the tenant may terminate a week-to-week tenancy by
serving a written notice on the other at least seven days prior to the
next rent due date. The landlord or the tenant may terminate a
month-to-month tenancy by serving a written notice on the other at least
30 days prior to the next rent due date.
B. If the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or its termination,
the landlord may bring an action for possession and may also recover
actual damages, reasonable attorneys' fees, and court costs, unless the
tenant proves by a preponderance of the evidence that the failure of the
tenant to vacate the dwelling unit as of the termination date was
reasonable. The landlord may include in the rental agreement a liquidated
damage penalty, not to exceed an amount equal to the per diem of the
monthly rent, for each day the tenant remains in the dwelling unit after
the termination date specified in the landlord's notice. If the landlord
consents to the tenant's continued occupancy, § 55-248.7 applies.
C. In the event of termination of a rental agreement and the tenant
remains in possession with the agreement of the landlord either as a
hold-over tenant or a month-to-month tenant and no new rental agreement
is entered into, the terms of the terminated agreement shall remain in
effect and govern the hold-over or month-to-month tenancy, except that
the amount of rent shall be either as provided in the terminated rental
agreement or the amount set forth in a written notice to the tenant,
provided that such new rent amount shall not take effect until the next
rent due date coming 30 days after the notice.