Legal Question in Landlord & Tenant Law in Illinois

living with my step daughter in her home I pay for the mortgage, electric , cable , mow the grass, shovel snow, do general maintance when needed my wife her mother pays the HOA, electric, water and garbage she my step daughter lives with us not paying a dime but she gets the write off on her taxes such as interest and real estate taxes. so when I told her my step daughter that she was going to help me pay the mortgage she threaten to evict me from the home her home that I have been paying the mortgage since 2011 can she do that


Asked on 5/03/16, 3:30 pm

1 Answer from Attorneys
Stephen Messutta

The IRS allows whoever is paying the deductible amounts to take the deductions, as long as there is some kind of underlying agreement. Clearly you have no agreement and from her reaction ("eviction") it appears that your step daughter considers whatever you pay to be like rent. Family situations. Anyhow, the question I'd ask is who benefits more by the deductions? You or her? If you, maybe you could 'split' the savings with her somehoe and it becomes a win-win for both of you. If her, well, if she's not willing to cut a deal with you, you'll have a clear choice.

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Answered on 5/16/16, 9:57 am


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