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BizAttorney
BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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My friend has a problem. He lives in a townhouse with his

Customer Question

My friend has a problem. He lives in a townhouse with his brother, dad, mom, & sister. His brother's name is XXXXX XXXXX name on the deed for the townhouse. His brother got an interest only mortgage, screwed that up, and they did a loan motificiation. all of them have to pay on the mortgage (all except his mother, she doesn't work). He and his brother don't get along. His brother is charging him more rent than he can afford. He's in debt largely because of this. Now his dad is real sick, and he's having to pay his share of his dad's rent because his brother won't split it with him. Can his brother kick him out if his name is XXXXX XXXXX one on the paper's for the deed if my friend decides not to pay the increase in the rent. Can he kick him out if he refuses to pay his dad's side of the rent? Thanks, Ed
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight. I'm sorry to hear about your friend's problem.

BizAttorney :

If your friend's brother is the only person listed on the deed for the townhouse, then he is the owner and has complete say as to who can be a tenant.

BizAttorney :

Does the brother have a lease agreement with your friend?

Customer:

I don't think so, his brother is the only one on the deed, he got an interest only mortgage, he screwed that up, and they did a loan motification

BizAttorney :

Thank you. If there is no lease agreement and he has been paying rent, then your friend is a month to month tenant.

Customer:

But he can still kick him out if he doesn't pay that rent increase

BizAttorney :

This means that he can kick your friend out, but not for eviction. He must do an unlawful detainer action in the courts in order to kick your friend out.

BizAttorney :

No, if he doesn't pay the new rent amount, the brother will have to start legal proceedings. He cannot just kick him out legally before he gets a court order.

Customer:

if he goes to court to do it, do you think the court's will evict him?

BizAttorney :

Yes, but it will take time and money.

Customer:

so my friend will probably have to get Lawyer too?

BizAttorney :

The law supports people paying rent if they live at a property. So the court will likely side with the owner if the owner can show enough information.

BizAttorney :

If he wants to remain in the property, he would have to pay the new rent amount. Otherwise, there is no use in paying a lawyer, since he will lose.

Customer:

even if he shows he doesn't make enough, and he surely can't pay his father's side of the rent, do you think they'll still kick him out?

BizAttorney :

Yes I do, a contract is a contract and the law will say if he can't afford it, then he should move.

Customer:

thank you I appreciate it

BizAttorney :

You are welcome!

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
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