QUESTION

Can my soon to be ex husband rent out joint property we own without my consent?

Asked on Dec 14th, 2017 on Real Estate - California
More details to this question:
My soon to be ex husband and I are legally separated and own 3 rental units. When he was notified that all tenants were moving out, I told him I no longer wanted rentals and wanted to sell the properties as part of our divorce settlement. He then found a new tenant for 1 unit and signed a year lease with them without my consent and didn't tell me until after the fact. My attorney notified him to stop signing legal documents on my behalf and that I did not want to rent out the properties. He then went and found and moved in 2 more tenants without my approval and signed year leases with them. What are the consequences? Are the leases valid? Can i move to have the tenants evicted until the courts determine what is to happen with the property in the divorce?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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The issue of whether or not the leases are enforceable by the tenants, could go either way. Technically, each cotenant has the right to enter and occupy all of the property at any time. So when one cotenant tries to lease the property, the other cotenant has the right to interfere with that lease by showing up and sitting down at the kitchen table or lying down in the bed at any time. However, don't try to do that. There is the legal doctrine of apparent authority. The tenants may reasonably believe that the cotenant who entered into the lease had the authority to do so. The tenants have no way to know that the divorce was pending. In choosing between the innocent tenants and parties to a contentious divorce, the decision is likely to go to the tenants. The real issue is what can your attorney and the court do to make this up to you? You need to discuss available alternatives with youf divorce attorney. Did he get market rent? If not, then maybe he owes you your share of the difference. Maybe the court can order that all the tenants be told that their leases will not be renewed and offering to let them cancel the lease if the tenant is willing, and a restraining order preventing the husband from extending or renewing any of the leases and against entering into any new leases. Good luck. Dana  
Answered on Dec 15th, 2017 at 9:25 AM

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