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“Can A Joint Tenant or a Tenant in Common Lease Property Without The Consent of His Co-Owners?” Planlord ▶️ 5

Practically yes. As a general rule, as long as the tenant has permission from just one of the owners she can reside on the property.

Let me give you an example. Let’s say we have parents that are co-owners. Let’s say dad wants to evict the son. Mom does not want to evict the son. As long as the son has permission from mom then dad will lose if he tries to evict him.

Now I’m not saying for husbands and wives to form contracts that modify their rights and responsibilities.

However, if you co-own with business partners, or if you’re doing joint ventures. I definitely recommend having a contract or operating agreement between the parties to prevent situations where one party does not cooperate with the other.

Now, if you are already in a situation in which you co-own property and you and your co-owner cannot agree on how the property can be used, then you can file a legal complaint to partition the land.

The court will decide how to resolve the dispute between you two. Where I practice they try to divide the land and if that’s not practical the court will sell it and split the proceeds.

If you are in Maryland or DC and need help with a joint venture agreement or resolving ownership issues, do not hesitate to contact me.

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Brian
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Brian

Real Estate Attorney at The Pendergraft Firm LLC
Brian Pendergraft is a general real estate attorney.Click here to schedule a consultation.
Brian
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