Legal Question in Real Estate Law in Massachusetts

rental income

Two people co-own a duplex. Person 1 lives on one side of duplex. Person 2 rents out the other side. Is person 1 entitled to any portion of the rental income collected by person 2?


Asked on 7/09/03, 8:33 am

1 Answer from Attorneys

David Baker Law Office of David Baker

Re: rental income

I'm sorry to say it, but the best answer I can give is: Maybe. This is a matter of contract. When the 2 people bought the duplex, was there any agreement about renting out the units? Was the agreement written or oral? Did the one who rented the unit ask the other one before renting it? A "contract" can be written or oral. The problem with oral contacts is enforcing them, because it turns into a "he said - she said" situation and nobody wins because everybody gets mad at the other side. The best way to resolve the problem is to talk it out in a friendly, non-threatening way. In other words, don't get a lawyer involved unless the situation has gotten out of hand (such as the tenant causing problems with wild parties, etc.) Good luck!

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Answered on 7/09/03, 10:45 am


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