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Good evening! I can help you out with your legal question tonight. I'm sorry to hear about your friend's problem.
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.
Does the brother have a lease agreement with your friend?
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
Thank you. If there is no lease agreement and he has been paying rent, then your friend is a month to month tenant.
But he can still kick him out if he doesn't pay that rent increase
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.
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.
if he goes to court to do it, do you think the court's will evict him?
Yes, but it will take time and money.
so my friend will probably have to get Lawyer too?
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.
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.
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?
Yes I do, a contract is a contract and the law will say if he can't afford it, then he should move.
thank you I appreciate it
You are welcome!