Legal Question in Real Estate Law in New York
My father deeded his home to me in a Life Estate transaction. He recently rented out the upper level of his home with has it's own entrance and is separated from the main house below in which he lives. Question: Does my father have the right to rent out the upper level in the home and sign a lease agreement with a new tenant, or am I required as the deeded owner to make agreements with any new tenants? He signed a lease with an individual and I am wondering if it is valid, since I do not to recognized the validity of the lease. I am not asking about eviction, I am simply asking about whether or not he had the right to initiate and agreement, and if not, is the lease itself technically void? Thank you.
1 Answer from Attorneys
Most likely your father deeded his house to you and reserved a life estate for himself. If so, the house is not yours until he dies and you have no say with what he does with it during his lifetime.