Legal Question in Real Estate Law in California

Property ownership through Tennant's in Common

We are 4 family members that had obtained a commercial property together as Tennant's in Common. Now one family member has become upset with the other 3 of us and is making demands on the Tennant's of the property. He has had his attorney friend send a letter to us stating that we can not do any management of the property without his consent. I have managed the property for 7 years now. So can he veto any and all my management decisions and is there any way to legally get him to back off or sell the property to us? We do not want to sell as it's a prime property but his antics don't allow us/me to properly manage the property or keep a great tenant.


Asked on 4/24/09, 6:36 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Property ownership through Tennant's in Common

No easy answer exists. None of you has authority to do anything without the consent of all, without being subjected to liability and claims of 'mismanagement' etc. That means his actions are wrong if trying to assume control. The problem is that without agreement among the 'partners' you could end up in court seeking court orders granting control to a 'managing partner', and spending money in litigation. The best advice I can give is to have your own attorney try to work out a deal that allows everybody a vote, with a commitment to cooperate in good faith. Feel free to contact me if serious about getting legal help in this.

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Answered on 4/24/09, 8:28 pm


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