I have a co-worker who has been relating a story to me that I hope fellow Dopers can help with.
She is a single mom living in an apartment that she got by having her parents co-sign on (her ex-husband screwed their credit so it was necessary to get the apartment). Unfortunately her mother feels that this gives her the right to access the place literally anytime she feels like it and completely unannounced. The woman has had several instances of having a date over for dinner and her momster comes barreling in and kicks said date out (yelling and screaming all the while) as she feels it is inappropriate for her daughter to have men over because of the child (the young girl is 12 and seems to have no issue with her mom dating and even encourages her mom if she likes the guy).
Needless to say this is very troubling to the woman. She has changed the locks on her door and her mother calls a locksmith, breaks into the house and changes the locks so she has a key again.
While some may recommend counseling for this family is there ANY legal way the woman can restrict access to her place if the other person has their name on the deed to the property? The woman is clearly the primary and ONLY resident (along with her daughter) to the location. I know that landlords are not permitted unfettered access to tenant’s apartments but this is not a landlord/tenant relationship. Also, while both women have their names on the deed and the mortgage the woman living in the place pays 100% of the bills (mortgage, utilities, etc.). I don’t know if that makes a difference but there it is. The person lives in Illinois so apply Illinois law if that is known.
Thanks for any help in advance…
[sub]STANDARD DISCLAIMER: I realize that legal advice from this board is for informational/entertainment purposes only and that a licensed Illinois attorney versed in this area of law should be sought out. [/sub]
CAVEAT: I don’t practice law in Il. In fact, I don’t practice law anywhere because I’m already perfect. 
As a matter of fact, I retired last month from my job.
Happy bliss in retirement. Now I have time to do some house painting. But I digress.
The lady’s mother does not have any equity in the property. Her name appears, but she did not invest any cash. She is, in fact, a co-signer for the note secured by the mortgage, but is liable only if the lady defaults. That being the case, altho her mother’s name is on the deed as a co-owner (tenancy in common, I hope, and not in joint tenancy), she has no rights or appurtenances of ownership to the property. Unfortunately, it might take a court order to restrain her. Other than legal proceedings, how is she going to keep her mother out? So altho the mother may have no right, she has the might, and might makes right, or at least the power.
IANAL - but I did work in property managment. I know that it is different in every state but in my state the following was the rule.
Anyone who had their name on the lease had a right to get in the apartment. We would give the spare key to anyone who signed the lease (or a permited occupant) and would refuse a spare key to anyone who was not signed on the lease.
If the mother co-signed the lease then she has the right to enter the apartment when ever she wants. It is half hers. Without analysing bank statments and checks it is immpossible for the landlord or a locksmith to know who really pays the rent.
Your friend should talk to the landlord. Perhaps if she has been paying her rent by herself and on time for awhile he would be willing to help her out. Maybe she can move to a different apartment on a new lease with just her signature. Or maybe he will sign a new lease for the same apartment. Depends on what kind of lease it is.
Thanks for the tips.
Out of curiosity does it matter if the mother (the older crazy one) has any equity in the house at all? I have been told by my co-worker that she doesn’t but just in case I’m not getting the whole story it’d be good to know how that affects things.
It just somehow seems very wrong fro an adult to have their parents blowing into their condo at any time and hour they feel like it. Apparently common courtesy won’t stop this woman so something stronger might be in order if it is possible.
Your OP is unclear: does the woman in question OWN the dwelling, or is she RENTING it? Did she have to get a MORTGAGE co-signed, or did she have to get a LEASE co-signed? I imagine the two situations could be different.
The dwelling in question is owned (NOT rented). The mortgage is co-signed and both women have their names on the deed to the property. Although the older mother co-signed the loan the down payment and all monthly mortgage payments have been and are being paid by the woman (younger) living in the place. The older woman NEVER resides at that dwelling (she has her own house several miles away).
Ah! Strike all that I said then.
I forget that in some places people actually BUY apartments. I know nothing about co-signing loans.
a) restraining order (police will enforce)
b) really good barricade (physics will enforce)
c) shoot the intruder (expect a conviction, but it would solve the problem)