If I own half a house, is the other owner entitled to rent on my behalf?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I own half a house, is the other owner entitled to rent on my behalf?
It was gifted from parents to 2 brothers; 1 lives on property and the other brother
thinks that he deserves rent. He is under the impression that he is the landlord.
Asked on July 20, 2018 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your brother is mistaken. Any and all owners have a right--equal rights, that is--to use, occupy, reside in, etc. the property. As an owner, you have the right to live in the house and do not have to pay him rent; he could also move into the home (or move a friend or significant other into the home, since owners have the right to let other people reside in their property) without your permission or paying rent to you. So while you can live in the house, you can't keep it for your exclusive use; he can use/live in/etc. the house equally with you.
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.