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?

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 29, 2012 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What does the rental agreement state?  In other words, what was their agreement?  Was he to be fully responsible for everything as it relates to the garage? The agreement governs.  I think that you can make an argument for either side but your Mom's would be that it was a complete rental and that he was responsible for the security for his items as well.  Good luck.


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