Legal Question in Real Estate Law in New York
Co-ownership
In July, 2002, my sister deeded over a undivided 50% share of a 4 family house to me (tenants-in-common). I then informed the other owner that I will be renovating and occupying a vacant one bedroom apartment in this property. We verbally agreed that since I will pay for the renovations, I will have a rent abatement for 3 years. After the renovations were completed, he demanded I pay rent since he has also been paying rent (below market rate)for his apartment (2 bedrooms)for a number of years. When I insisted that he abide by the original agreement, he has withheld my share of the income and served me with a TRO to prevent me from occupying the apartment. At great expense, my lawyer was able to remove this TRO since his allegations were found to be baseless. Now to harass me further, the other owner has filed a partition action so that I'll probably cave in and sell my share to him at a discount.
My question is: What legal recourse do I have against him? Thanx in advance for your responses.
1 Answer from Attorneys
Re: Co-ownership
You need to actively defend the partition action and file a claim against him. If you need legal assistance, please call.