Legal Question in Landlord & Tenant Law in Illinois

My wife and 2 of her brothers are inheriting a house. Brother A is off at college but wants to keep the house for at least 2 years until he figures out what he wants to do. Brother B has no interest in the house but will go along with whatever Brother A wants. Mother In Law wants a couple that she has rented to in the past to live in the house rent free and in exchange to watch over the place, cut the grass, etc. To make things more complicated she also wants the upstairs and downstairs to have paid renters to help with the taxes etc. Also no one lives close by so checking on the house will be difficult.

My Wife and I think this is a terrible idea and the house should be sold. We are not sure what to do. The couple that will be staying is also asking for some sort of contract. We want to avoid a family feud. Mother in Law is in poor health and focusing on whatever Brother A wants. Brother A also thinks having people stay in and take care of the house is a great plan but he doesn't understand all the complications.

I would appreciate any advice you can give. Maybe some kind of contract is a good idea so when its ready to sell we can move out the tenants. How can we go about protecting ourselves in this silly plan?


Asked on 9/02/12, 6:30 pm

1 Answer from Attorneys
Stephen Messutta

I think I tried responding to this but if it didn't get posted, here's the short version. It sounds more like a "business" disagreement than a legal one. However, if the people who are inheriting are unable to decide how to deal with the house about the only answer may be a "partition" lawsuit. The problem with a partition lawsuit is that it could very well lead to a sale of the property that, in the current economy, may not result in a decent price. So it may be helpful to see an attorney who can help figure a way to hang onto the property until everyone can be comfortable that it can be sold for some kind of profit (or at least break even if there is a mortgage on it, or worst case a "short sale" if there is a mortgage and it is more than the property is worth) or make an arrangement among the owners to hold the property. If after reviewing all of the options the parties still can't agree, a partition lawsuit may be the only option.

Read more
Answered on 9/10/12, 7:28 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Illinois