Real estate/joint tenant question

[oldschool]

If a property is owned by joint tenants and is currently being rented to a third party(by one of the joint tenants) can the other joint tenant evict the third party renter? I’ve been googling the shit out of this and haven’t quite found the info I’m looking for.

 

[Ace in the Hole]

Did the other party have the legal right to rent the property out? Do the two owners live in the property or does one of them? Where is the property?

 

[oldschool]

Did the other party have the legal right to rent the property out? Do the two owners live in the property or does one of them? Where is the property?

Both have the right, the other party has not been involved with the property(other than name on the deed) ever. Neither live in the property currently. It’s located in central California.

 

[Ace in the Hole]

I'd seek out someone with landlord tenant law experience in CA...a lot of attorneys will give you a brief convo without charge..

in some places you would be SOL, unless they have violated the lease. Otherwise you likely have to honor it. Each state is different though.

 

[oldschool]

I'd seek out someone with landlord tenant law experience in CA...a lot of attorneys will give you a brief convo without charge..

in some places you would be SOL, unless they have violated the lease. Otherwise you likely have to honor it. Each state is different though.

I’m planning on consulting with an attorney on this, a lot of moving parts.
Renters have not violated the lease and I would like to keep them in the property.

 

[jones performance]

calif? good luck evicting anyone these days..

 

[oldschool]

calif? good luck evicting anyone these days..

This is what I’m hoping for.

 

[Ace in the Hole]

I’m planning on consulting with an attorney on this, a lot of moving parts.
Renters have not violated the lease and I would like to keep them in the property.

so the other owner is trying to evict them? Sounds like a mess...yea id jump on talking to an attorney to limit your liability. Evictions are a joke right now

 

[zbudman]

Why do you want them evicted?

 

[DLC]

Curious why the other owner wants them out? Is it residential or commercial

is the rent at market value?

 

[oldschool]

Why do you want them evicted?

I don’t.

 

[DirtyWhiteDog]

"IF" I remember the AZ law, only the person who signed the lease can sign the eviction

 

[oldschool]

Curious why the other owner wants them out? Is it residential or commercial

is the rent at market value?

Because they want to live there, but will likely not pay the mortgage or any part of it leaving me on the hook. It’s a residential property and is at market value for what it is.

 

[Good Stuff]

If a property is owned by joint tenants and is currently being rented to a third party(by one of the joint tenants) can the other joint tenant evict the third party renter? I’ve been googling the shit out of this and haven’t quite found the info I’m looking for.

Both have equal rights to the property in CA. That includes rights to the rent as well as any costs of ownership. If they didn’t sign the agreement to rent they may be able to gain some legal headway but CA is heavily invested in tenants right and sadly not owners. In this case it may be a benefit. As already said call an attorney that specializes in real estate and try to make sure it’s on local to that area as relationships will be the key to getting judgements done in a timely manner.

 

[oldschool]

"IF" I remember the AZ law, only the person who signed the lease can sign the eviction

California

 

[Ziggy]

My philosophy has always been that every castle can only have one king.

 

[oldschool]

My philosophy has always been that every castle can only have one king.

From yore lips to Gods ears.

 

[f12517]

Is this an inherited property? Held in a trust? Your best bet might be to force the partner to buy you out or force the sale of the property and split proceeds.

 

[gqchris]

My philosophy has always been that every castle can only have one king.

And this includes cars, boats and toys also! No "crossing of the beams!"

 

[oldschool]

Is this an inherited property? Held in a trust? Your best bet might be to force the partner to buy you out or force the sale of the property and split proceeds.

It was my MIL’s home and we refine it and put it in our names to help my MIL out(long story). We are joint tenants on the deed. I have tried to buy the other party out to no avail. I would like to just sell the property, but they won’t go for that either. They don’t have a lot to piss in as well as a few Abstract of Judgements(personal liens) against them. It’s quite the shit show and I’m just skimming the surface.