QUESTION
What are my rights if my 2 sisters and I share joint tenancy and can they rent the house without my permission?
Asked on Mar 22nd, 2014 on Estate Planning - Nevada
More details to this question:
My 2 sisters share 1/3 each ownership of a property. They have been renting out the house for the last 290 days against my expressed wishes. I am concerned about liability and want the renting to end.
11 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Your sisters have the right to rent the property and you have the right to 1/3 of the rental income. Each joint tenant has the right to use the entire property. One of the expenses of operating rental property is a landlord's insurance policy, if your sisters aren't willing to purchase it, you certainly should. Long term, you can end the joint tenancy by filing a partition action. This will force either the sale of the property or the division of the property between the 3 of you.
Answered on Mar 25th, 2014 at 2:19 PM
You have the right to sell your share of the property to them. You can also require them to purchase sufficient insurance to reimburse you in case something happens to the property while it is rented. You could list the property for sale but as they have 2/3 of the interest in the property, they can probably refuse to sell.
Answered on Mar 25th, 2014 at 6:28 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are entitled to 1/3 of the rent, but are liable for 1/3 taxes and insurance costs and utilities. You could sell your 1/3 interest to your sisters, but yes they can rent the premises.
Answered on Mar 25th, 2014 at 6:27 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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I believe they can rent the house without your permission.. but they must send you 1/3 of the proceeds.
Answered on Mar 25th, 2014 at 6:18 AM
Edwin K. Niles
The method for bringing this issue to court is called an unlawful detainer action, where you are forcing a sale. Usually just the threat of such action is enough to resolve the problem.
Answered on Mar 25th, 2014 at 6:09 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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File an action for partition and sell the property.
Answered on Mar 25th, 2014 at 6:05 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is a very bad situation. I would suggest you try to work out a way for them to buy you out. You can force this, through a partition action, if they are not in agreement. Otherwise, each of you would appear to have the right to rent out and receive a share of the rent.
Answered on Mar 24th, 2014 at 2:06 PM
2 Awards
They have the right to lease the property and use it 100%. If you are concerned about liability, sell your interest to them or force a sale through the courts.
Answered on Mar 24th, 2014 at 12:51 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You could take steps to break the joint tenancy and force the partition and sale of the property. Just as they entered into a valid lease with the tenant, as an owner of a joint tenancy interest, you can notify the tenant the lease will not be renewed and the leasehold will terminate. As joint tenant with two others you have the right to act relative to the property just as they do. It is not a question of majority vote. If there is a disagreement over use, management and maintenance of the property the only practical solution is to force the sale of the property by starting a partition action. Joint tenancy ownership, by itself, does not provide a mechanism for efficient management. You do have the right to distribution of one third of the income generated by the property. You can require an accounting and payment of your share. Withholding payment of your share is conversion of assets and is actionable.
Answered on Mar 24th, 2014 at 12:43 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The best you can hope to do is to sue for apportionment, which means the court will order the house to be sold and the profits split. Your sisters should be giving you 1/3 of the net rent as well.
Answered on Mar 24th, 2014 at 12:42 PM
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I will assume that there is no partnership agreement and you own it as tenants in common. You have some rights but you do not control the property since they control the majority interest. I urge you to speak with an attorney to address options and costs associated with the same.
Answered on Mar 24th, 2014 at 12:41 PM