Asked in Real Estate Law for Florida

Q: Can co owner evict tenant that has lease.

I inherited a house over 20 years ago with my brother 50/50 ownership. I continued to live in the house he moved out .I paid off the owing mortgage and 99% of all taxes, insurances ect for the last 20 plus years. I moved overseas 4 years ago and rented the house out . I informed him of this and have a written record of informing him for a second time dating back 2 years, he was not concerned at the time. The rent I charged is low and just covers running expenses .He has suddenly decided he wants to take over the leasing and wants the tenants kicked out as squatters immediately, untruthfully stating he had no knowledge, He wants to rent it at a higher price and be in charge of it. I now want to sell it ,however My question is . I have a written lease agreement with the tenant with 2 signed witnesses . Can he evict them as squatters or does that agreement stand?, they are a lovely family that look after the house. The lease states 4 months notice . This is in Florida

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1 Lawyer Answer

A: The lease is probably valid; he can't evict them without giving the 4-month notice.

It appears that you or your brother may want to file suit against each other for partition of the property.

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