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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 9767
Experience:  Licensed to Practice Law
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since my father passed away and my mother on disabilty each

Customer Question

since my father passed away and my mother on disabilty each of us own 1/3 of the property. recently i moved in and elderly couple rent free which me and my brother are ok with it my sister on the other half gave them a 3day notice per her and my mother my mother isn't on the property due to that shes disable question can my sister gave them a 3day notice or ask for rent
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

I'm a little confused. Does your sister own the other 1/3rd of the property? And what was the basis for the 3 day notice? The lack of rent payment? Does the tenant have a lease? If so, was the lease breached? Any clarification will be appreciated.
Customer: replied 1 year ago.

To your first question, yes, my sister also owns a third of the property. The three day notice was basically her trying to kick them out because she does not want them there. However, my brother and I (the other 2/3) agreed that it would be okay for them to stay there rent-free as long as they cleaned up and maintained the place while they were staying.

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

As owners, you and your brother have the right to allow the couple to stay on the property rent free. There is no requirement that all owners agree on how the property be used. If your sister does not like owning property with you because you allow people to stay on the property for free as your guests, then her recourse is to sell her share of the property (she could theoretically force a partition via a lawsuit, which requires the property to be sold, since selling 1/3rd of a property is difficult or impossible). So, while your sister has options to end the co-ownership, she does not have the right to forbid your guests from staying on the property rent free.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
Customer: replied 1 year ago.

What can i give my sister in writing that states that she is unable to forbid these elderly people from living there and to stop harassing them? Also, the letter that the elderly couple received said that they had to start paying rent or to get out within three days. And it has also come to my attention that my mother supposedly signed the letter, however, she is on disability and unable to collect rent. Not to mention, that my mother's name isn't even on the property.

Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  TJ, Esq. replied 1 year ago.
Hi again.

With regard to what to show your sister in writing, that is tough. There is no law which expressly states that a property owner has the right to allow guests on the property. It's so basic and obvious from a legal perspective that an owner of property may use his property, and that one form of use is to allow a guest on the property. But I'll tell you this: If the couple refuses to vacate, and your sister attempts to evict them, then all you need to do is show up at court and tell the judge that the couple is there with your permission as guests. Your sister will lose.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 9767
Experience: Licensed to Practice Law
TJ, Esq. and other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

I recently received a thirty day notice to quit under my name i don't even live there but its all under my mother name and she sign a quitclaim deed in 19984. I know that its all my sister doing so what can i do

Customer: replied 1 year ago.
Relist: Other.
she off line
Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

I am another expert on the forum. Just as the earlier expert stated, as you are a part property owner and entitled to decide how the property is used (allowing your guests to remain on the property free of rent), it is even more true that you are allowed to remain on the property as an owner.

The 30 day notice is worthless, you are not a tenant.

(Just to ensure that I understand the new situation: your sister, through the guise of your mother, has sent you a 30 day notice to quit property, 1/3 of which belongs to you).

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