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legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10022
Experience:  Just Answer consultant at Self employed
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My former wife rented a house, I solely own, to a friend. I

Customer Question

My former wife rented a house, I solely own, to a friend. I moved away from the city and live 6 hours away when she did this. She collects the rent and I pay the mortgage. My son graduated from college a couple of weeks ago and I had promised him this house. Can I legally evict her friend?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  legalgems replied 1 year ago.

I'm sorry to hear this;

If a person rents out a house when they are not the lawful owner, the real owner can void the transaction. This then gives the tenant a cause of action against the lessor (the party that rented out the property).

However, if appearances were such that the lessor did have ownership of the property (ie the actual owner allowed the person to make such representations) then the court would also, under principles of equity (justifiable reliance, misrepresentation) then the tenant could also name the actual owner as a defendant.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 year ago.

Checking to see how this worked out for you.

Thank you for using JA- hopefully this works out with minimal problems. Thank you.