Legal Question in Real Estate Law in Florida

tenants in common

Part owner wants to charge me rent for living in a home we both paid for and is pd off. He left the relationship 2 yrs. aago.He said he will no longer pay 1/2 taxes or 1/2 homeowners insurance unless I pay him rent. This is not legal, is it?


Asked on 7/10/07, 11:45 pm

4 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: tenants in common

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If only one of the parties is occupying the premises, it may be legal for the other to demand payment of rent for their share of the property. It would be unreasonable to expect to continue to live in the home that you only own 50% of and not to pay the other party and also to expect that party to contribute to the payment of taxes and insurance.

It seems clear that you need to consult an attorney who can review the specifics of this matter and advise you of your legal rights and obligations.

Scott R. Jay, Esq.

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Answered on 7/11/07, 2:05 am
Trey Miller Law Office of Trey E. Miller III, P.A.

Re: tenants in common

You, the owners, are tenants in common and tenants in common generally must split profits and expenses attendant to the property equally. Tenants in common who have paid more than their share of the expenses can seek contribution from the other tenant in common.

I agree with Scott, that you should consult an attorney to determine your rights especially in the absence of a written agreement between yourself and the co-owner.

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Answered on 7/11/07, 7:22 am
Johm Smith tom's

Re: tenants in common

You need to get out of this situation eventually by buying or selling an interest. This is more trouble waiting to happen.

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Answered on 7/11/07, 12:24 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: tenants in common

Folow Mr.Jay's suggestion.

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Answered on 7/11/07, 3:39 pm


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