Absentee Tenant
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Absentee Tenant (by Leah [IL]) May 1, 2013 11:21 AM
       Absentee Tenant (by Moshe [CA]) May 1, 2013 12:07 PM
       Absentee Tenant (by gevans [SC]) May 1, 2013 12:21 PM
       Absentee Tenant (by Ken [NY]) May 1, 2013 1:54 PM
       Absentee Tenant (by V [OH]) May 1, 2013 2:27 PM
       Absentee Tenant (by S i d [MO]) May 1, 2013 3:16 PM
       Absentee Tenant (by Roy [AL]) May 1, 2013 6:09 PM
       Absentee Tenant (by Nancy [NJ]) May 1, 2013 8:31 PM
       Absentee Tenant (by Katherine [TX]) May 1, 2013 8:34 PM

Absentee Tenant (by Leah [IL]) Posted on: May 1, 2013 11:21 AM

State Specific Question About: ILLINOIS (IL)

Couple(unmarried) and young child move in. Man is qualified and is sole signer of lease. After two weeks he moves out and she and child occupy the house with the understanding that he honors the lease. We're ok with that, but the question is:

Are there any legal ramifications if the lease holder stops paying and the single mom and child are still there? Can she be evicted, or is our allowing this situation to exist an implied consent to having her there and not being responsible for the rent? We've never dealt with a situation like this. Thanks in advance for any advice..

Leah --76.214.xxx.xx

Absentee Tenant (by Moshe [CA]) Posted on: May 1, 2013 12:07 PM

I don't know anything about Illinois, but I do point out the following:

I understand that IL is NOT a community property state, so that "she" is not automatically responsible for the rent as a consequence of their being together. You could promote such a theory in a community property state.

In such states, I think that it is not unusual for a man to rent an apartment, sign the lease, and then move in a woman without the intention to provide such support to her forever. She never agreed to pay rent, so caveat emptor.


Absentee Tenant (by gevans [SC]) Posted on: May 1, 2013 12:21 PM

Here, all adults go on the lease. When it comes time to evict, the people in the house have their names on the lease. The magistrate is happy.

Our magistrate will no longer evict "et al", they must have a name.

What's the downside of having them on the lease?

Make sure you have a "jointly and severally" clause. --141.129.x.xx

Absentee Tenant (by Ken [NY]) Posted on: May 1, 2013 1:54 PM

As long as you get paid all is well,if you don't get paid all names on lease get evicted,if he is nowhere to be found I can have her served twice,once for her and once for him and they have been legally served but if he someone is not served personally and does not show for court you don't get that persons name on a judgment so we need to be careful with someone who is collectable --72.224.xx.x

Absentee Tenant (by V [OH]) Posted on: May 1, 2013 2:27 PM

Occupancy addendum for new peoples, I need this info to supply red cross or other social agencies in event of catastrophic problems such as fire chief needs to know are there children in there - ages? They get out but need clothes, food lodging - guests do not qualify. --75.94.xxx.xxx

Absentee Tenant (by S i d [MO]) Posted on: May 1, 2013 3:16 PM

Lesson learned: NEVER NEVER (and do I need to say again?) NEVER allow anyone age 18 or older to occupy the premises unless they are on the lease. All additional occupants UNDER age 18 are listed as authorized residents. No additional residents allowed unless it is a child born during the lease term. 'Nuff said.

There is no advantage to the land lord and every advantage to the tenant. If he stops paying, she gets to live there rent free until evicted. You will have trouble tracking him down to get him properly served, so a money judgment is highly unlikely.

What's I'd say IS highly likely is you won't be getting much more rent from this guy--if any at all.

On a side not: since he's not getting the free bam-bam anymore, what makes you think he'll pay her rent? --108.250.xxx.xxx

Absentee Tenant (by Roy [AL]) Posted on: May 1, 2013 6:09 PM


There is no such thing as 'free bam-bam',...all men pay for bam-bam one way or the other. ROFLMAO --68.62.xxx.xx

Absentee Tenant (by Nancy [NJ]) Posted on: May 1, 2013 8:31 PM

First all adults should have been on original lease --- at this point play the nice landlord. An addendum listing her as tenant with minor child.

How or who pays the rent is between them. IT will be twice as difficult to evict her if she is not acknowledged as a tenant of record.

I watched in court one day ( similar situation) the judge stated Miss Smith was residing there and established residency - as long as the rental fee was paid you ( landlord) were not concern of her status or relationship with the tenant of record. Now that you have not rec'vd rent in two months you are looking for me to rule for eviction. This was March.

He gave the the women thirty days from the last day of school ( she had two children) to evict. As long as she continued to pay utilities and her children continued in the current school till end of year. If she where to move prior she had to advise the landlord thirty days prior - so she basically got six months free rent two prior to court and four till end school year, --68.197.xx.xx

Absentee Tenant (by Katherine [TX]) Posted on: May 1, 2013 8:34 PM


Put her on the lease. Do an addendum, whatever. Just add her with the jointly and severally clause.

All's well that ends well, but all does not end well if you leave your backside exposed on this one (pun intended!) --107.18.xx.xx

Subject: RE: Absentee Tenant
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