My mother passed away 16 months ago. I then bought her house. Three of my brothers (ages 22 - 30) were already living in the house when I bought it. I had to buy out all of my siblings. I own other rental property and told my brothers that if they wanted to continue living in this house, that they would need to sign lease agreements. They did so. They pay monthly rent plus we share utilities.

Well, they haven't been paying their rents. In fact, one of them is 5 months behind. The other two are around 2 months behind - they pay "something" towards the rent "when they get money." I'm their sister (30 years old) and I feel that they are treating me like their "mommy who should take care of them."

I talked to all of them in November and told them that if they didn't pay their balances to a certain amount by the end of the year, that they would be asked to leave. I gave one brother a 30-day notice and promissory note a few days ago. It's almost the end of the month and the other brothers are going to be 3 months behind. I plan to give them notice also - pay full balance by a certain date or you must go. I have no problem kicking anyone out.

Since they signed leases, should I go through the courts to evict them? Or do I wait until they don't pay by the certain date, kick them out, then go to small claims court? I live in the house, too. Per their leases, they should get a 5-day notice for nonpayment of rent. Since I already gave one brother a 30-day notice to pay or leave, I plan to give the others a 30-day notice also. But since they are family, and since I gave them a longer notice than promised in the lease, can this be upheld in court?

If they do pay their balances by the due dates, I plan to remind them that they will get a 5-day notice if their rent is 30 days late. This way I avoid them owing 2-months rent.

Any suggestions on getting family members to pay rent? Any advice on this situation?

This is in Illinois.

Thanks.