The owner right of the property

UPDATED: Oct 1, 2022

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The owner right of the property

My brother and I are the co-owner of the 2 flat brick building. My brother lives
in 2nd floor and I am in the 1st floor. My brother move out the building and let
another tenant to rent.
If I don’t agree with this, can I refuse NOT let this tenant get into my house?
Thank you

Asked on April 29, 2019 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot do that. Co-owners each have a right to the use and possession of the property; that includes the right to let other people live there, whether as tenants or guests. Your brother may rent out the space he lived in. Obviously, you don't need to let the tenant into your personal space, but that's all you can do. You might wish to consider ending co-ownership of the building, if you don't want to live next to strangers: you could offer to buy out your brother; or offer to sell out to him; or you both agree to sell and split the proceeds; or if you and he cannot agree as to what to do, bring a legal action called an action "for partition" to get a court order requiring that that the property be sold and the proceeds (after paying costs of sale and any mortgages, liens, etc.) be divided between the two of 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 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.

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