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When does a guest become an occupant in a rental ageement if it is not stated in the lease?

Tinley Park, IL |

My lease indicates that I am not allowed to the premises to be occupied by another person or sublet without permission of the Lessor. I want my boyfriend to stay with me several nights a week and desire to know the definition of guest vs occupant. When does a guest become an occupant if there is nothing indicated in the lease regarding time and I am not receiving any compensation for allowing him to be a guest.

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Attorney answers 2


If a person moves in even for a few days, that person becomes an occupant. If you want to abide by the terms of the lease, follow the notice to landlord provisions about how to trigger approval for "another person". Without reading your particular lease language, it is impossible to say what your remedy might be.

Good luck.


PS - "compensation" is not always the right word to use. Usually there is some "valuable consideration" for any kind of shared living arrangement, and if not it may be a "gift" arrangement, but if this doesn't work out we see altogether too many situations where one person is stuck for all the rent in a situation where one has moved out. Unless you are marrying this fellow the day you move in, you may want to consider either controlling the lease (you may still have to formally evict him if things go south) or getting him on the lease (where you risk having no formal arrangement with him for rent or risking losing control of the lease and the apartment). LIfe is about risks; decide what is more important and I hope things work out for you.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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