Legal Question in Landlord & Tenant Law in Illinois

I live in a double-wide on my father's property, with my husband and 2 kids. We live in IL. My father owns the house and property, my name is nowhere on any deed or title. However, I am not required to pay any rent. Am I considered a tenant, and who is financially responsible for major repairs such as replacing a central heating and air unit? We are financially struggling and can't afford the replacement cost of the whole system. If I owned the house, I would be able to "rent to own" and make payments on a brand new unit. Or take out a small loan against the house to cover repair costs. My father will not replace the unit because we aren't required to pay rent, so he feels we should be responsible. It should be noted that 1 year ago, when he moved the double wide onto his property, he covered the cost of buying replacement siding and new metal for the roof. Also, my husband and myself paid $450.00 to get the entire central heat/air system serviced, even after making it known that there had previously been an issue with it due to the fact that the floor had rotted out under the unit. All damage was from previous owner of the house and existed when the house was moved in and it was made known to my father, but nothing was done about it. What are my rights here, and who is responsible for repairs?


Asked on 9/04/16, 10:27 am

1 Answer from Attorneys
Stephen Messutta

Without more information, and in absence of any written agreements, sounds like you are a month-to-month tenant. Normally you are responsible only for keeping the trailer properly maintained. If it requires capital repairs and replacements, usually that would be the trailer owner's obligation, but if your father is unable or unwilling to do it, then you will have to work something out with him, or you will have to consider moving.

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Answered on 9/17/16, 12:42 pm


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