Are tenant/family members of landlord excluded from IL Landlord & Tenant Laws?
If tenants are family members of landlord, and pay fair market rent, who is responsible for repair, replacement of both deferred and continuing maintenance, i.e., roof, plumbing, furnace, appliances, leaks?
Answer
?? Whoever signs a lease is obligated under the lease. Whoever occupies property is liable for the reasonable rental value of it unless the occupancy was as a gift or permitted because of someone else's assumption of responsibility. So for example if a lease is signed by the parents and the lease says that the children can live there, then the children are generally not responsible but the parents are. Other situations can vary. As to upkeep, normally a tenant is liable for general maintenance; typically repairs are the landlord's unless the tenant causes the need for the repair. Again leases can vary. So to be certain contact an attorney who can review the lease and family situation you have.
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