Can a landlord hold a disabled tenant responsible for a month’s rent that was supposed to be paid by the tenant’s representative payee?

The disabled individual’s representative payee is the person who manages the disabled individual’s funds. The disabled tenant is now being threatened with eviction by the landlord for that unpaid rent. Will the judge hold me responsible for that unpaid rent or will the judge not hold me responsible, and instead, advise my landlord to go after my representative payee?

Asked on July 26, 2012 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Any tenant whose tenancy is paid for by another (whether a representative payee, HUD, a local housing authority or charity, etc.) may be evicted if the rent is not paid; the landlord is not obligated to rent to someone when the rent is not paid, regardless of who is responsible for the failure to pay. A judge has no power to make the lanldord allow you to live there if your payee does not pay.


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