If a tenant moves out but their adult child refuses to, what is the tenant’s liability, if any?

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If a tenant moves out but their adult child refuses to, what is the tenant’s liability, if any?

My apartment lease expires the end of July and I want to move out of state. My adult daughter will not move out and find a place of her own. Am I responsible for that apartment after I leave? If so, what can I do so I am charged with expenses or legal action for her staying there?

Asked on May 11, 2011 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) Who is on the lease? Is it you? If so, then yes, you would be responsible for a family member or guest of yours holding over past the lease term. If your daughter stays, you will be responsible for rent--e.g. for each month or part of a month she stays over, since she is part of your household, the landlord may charge you. You will also be responsible for any damages she does to the apartment.

2) The landlord should not be able to indefinitely hold you liable. However, a likely scenario is that they will evict her, but since that takes a few weeks or even months, charge you for that time. If they don't try to evict her, a good case could be made that they have no rented directly to her, even if only by an oral lease on a month to month basis.

3) You should consult with a landlord-tenant attorney to see what your options are...you, for example, may need to take action yourself to get your daughter out.


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