QUESTION
Would a joint tenant who willingly left a home be entitled to rent payments?
Asked on May 01st, 2016 on Landlord and Tenant Law - California
More details to this question:
I have filed for partition action and now the other person is trying to claim rent for the past two years. We had a verbal buyout agreement but when property values increased to other joint tenant owner is now going for current value which is why we are now going to be moving through court system if we can't settle before trial date. Thanks.
3 ANSWERS
Joint owners do not have to pay rent for their own residence.
Answered on May 27th, 2016 at 6:04 AM
Yes, he/she still owns half the house.
Answered on May 26th, 2016 at 5:38 PM
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A joint owner is not entitled to reasonable rental value, unless the co-owner in possession has refused a written request by the other owner to share in position of the property. However, the owner out of possession is entitled off-set any claims for reimbursement by the owner in possession, unless those planes exceed 50% of the reasonable rental value.
Answered on May 26th, 2016 at 9:16 AM