Can a co-owner evict a tenant who has a lease agreement with the other owner?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a co-owner evict a tenant who has a lease agreement with the other owner?

Asked on October 27, 2011 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A tenant may be evicted only if he or she violates a lease, if there is a written lease. (If there is no written lease, the tenant is a month-to-month tenant and may be evicted on 30 days notice to terminate the tenancy). If this tenant has a written lease from someone with authority--or at least apparent authority, or what a reasonable person would conclude is authority--to execute the lease, then so long as the tenant abides by its terms (including making the appropriate payments), he or she cannot be evicted. A co-owner of a building would certainly have apparent authority, and very likely actual authority, to execute a lease, so from what you write, it is unlikely one co-owner could evict this tenant as long as the tenant complies with the lease.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption