Is my mom responsible for half of the insurance claim deductible for renting her 1/2 of the garage to my uncle who also owns the property with my mom?

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Is my mom responsible for half of the insurance claim deductible for renting her 1/2 of the garage to my uncle who also owns the property with my mom?

So my mom and uncle own a 2 flat brick building. My mom rented her half of the garage to my uncle so that he would have the whole garage for his use. Unfortunately, during that time the garage was broken into and some of my uncles stuff was stolen. He submited an insurance claim with our home owners insurance for the stolen stuff. There was a $1000 deductible that needed to be paid. He now wants my mom to pay for half of that because he was renting from my mom. Is she liable?

Asked on August 23, 2012 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless the presumed written lease agreement states that your mother would be responsible for any insurance claims or deductibles for the rental she has, she is under no obligation to pay any portion of this deductible claimed by the uncle. After all it is the uncle's items that were taken, not hers.


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