Legal Question in Real Estate Law in California

when there are multiple owners of a house and there is a verbal agreement by the other owners that one particular owner may fix the home up so that it can be rentable and then another wner decides AFTER the major fixes they want to move in instead of renting it out...can the person who fixed the house still rent it out despite the disagreement?


Asked on 8/04/10, 8:21 am

1 Answer from Attorneys

Yes, and the person who wants to move in can move in, and then the renter and the owner who wants to live there get to figure out how to do it. The trouble is that joint tenancy or tenancy in common both give the co-owners an undivided right of use and occupancy, and any of them can lease that right. And since the owner who wants to live there has every right to, the other owners can't even charge him or her rent. In short, it is a huge mess when multiple owners disagree over how to deal with the property, and it pretty much inevitably results in someone being bought-out, or the property sold and proceeds distributed, because that really is the only way to sort out the conflicting rights.

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Answered on 8/09/10, 3:02 pm


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