Boley v. Barutio

Citations

• 120 Ill. 192
• 11 N.E. 393

Syllabus

<p>1. Tenants in common—liability of one to another for use and occupation. Where tenants in common of premises make a parol agreement, whereby one is to use one particular portion and the other another portion thereof, and the property continues to be so used by the parties for several years, after which one of them appropriates the use of the entire building to himself, being notified by the other that he will charge rent for his half, the latter may recover of the former for the use and occupation of the same.</p> <p>2. In order, however, to render one tenant in common liable to his co-tenant for rent, or use and occupation, there must be something more than mere occupancy of the estate by one, and a forbearance to occupy by the other. But the one may become liable to the other for rent, without an express agreement for its payment. Such an agreement may be implied from the conduct and the relations of the parties, although the relation of landlord and tenant will not be so readily inferred as if the parties were strangers in estate.</p> <p>3. Same—remedies as among themselves. If the conduct of co-tenants toward each other in relation to the occupancy of the premises has been such as that an agreement to use, each a particular part of the premises, can reasonably be implied, then either one being disturbed in his occupancy by the other, is entitled to the same remedies as though no relation of co-tenancy existed.</p>