Do you have to claim a mother in law suite as a rental property if there is no lease and all bills are paid by her?

[marball01]

We hold the mortgage but she pays all bills. The property is a duplex. Were on one side, she is on the other.

[CarolynM · Accepted solution]

No. Your mother in law suite is not rental property. 

You are not receiving income, you do not have expenses and there is no lease agreement. 

For more information on what is rental property, follow this link: IRS on Rental Property