Question for Illinois Lawyers

Under Illinois law can you claim a house that you lease to somebody else as your residence?

5 comments… add one
  • PD Shaw Link

    I guess it depends on what you mean by “residence.” Usually it means place where one lives with the present intent to stay. Someone who goes off to college or the military may not consider his dorm, barrack or similar housing arrangement to be his residence since his or her present intent is to leave. He may consider his residence to be the place he intends to return to when the term is over. He could lease his residence while he was gone I suppose since a lease is not inconsistent with the intent to return, unless the terms of the least strongly suggest otherwise. Generally, there is a subjective intent element that defies an easy formula, and it probably depends on the specific law.

  • PD Shaw Link

    BTW/ Our city ordinance requires elected officials to be residents of the city or ward they represent. Several years ago the Republican mayoral candidate had built and moved into a huge house in a surrounding suburb, but had maintained an apartment in the city which he described as his residence because he stayed there many nights when he worked too late to go home (another 15-20 minute drive, tops). The newspapers were tracking him and he was obviously completely full of it. But he lost the election and I don’t recall any lawsuits being filed.

  • Residency laws are generally pretty broad when you are dealing with public officials whose jobs take them to Washington or to a state capital. For example, George and Barbara claimed a suite at a local hotel here in Houston as their legal residence for voting purposes during their years in DC — and, in fact, the local Democrats actually rented said suite for a fundraiser while it was the Bush “residence”. That’s why I think Rahm will get the benefit of the doubt on this one.

  • PD Shaw Link

    Governor Quinn yesterday: “The test is, where do you have your underwear.”

  • Linda Link

    My husband and I rent a 1 bedroom apartment in a motel in Illinois. My husband has been ill and canpt work and we are now 1 1/2 weeks behind. We have been here 9 months and the motel owner is trying to throw us out. I always thought that after 30 days you were a premanent resident and had to be evicted in court. Is this true?

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