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?
4 Answers from Attorneys
Re: tenants in common
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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.
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.
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.
Re: tenants in common
Folow Mr.Jay's suggestion.