Q: If 3 people's names are on a deed and 1 of the persons lives there exclusively. Can the other two charge him rent?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (865) 637-3035
- View Profile
- Answered
A: Each tenant in common can possess the real property, and thus owes no rent. But hire an GA attorney to determine who has title and what kind of estate.
A: One co-owner cannot exclude the other co-owners. If they do, the other co-owners are entitled to a reasonable amount of rent from the co-owner who is excluding them. If they are unwilling to pay rent, your will have to file a lawsuit. You can force the sale of the property through a partition lawsuit. During the lawsuit, you can ask for an equitable accounting. During that process, the court will charge the co-owner who is living there exclusively a reasonable amount of rent. The court will also look at who paid taxes, insurance, maintenance, and other necessary expenses to credit that co-owner for paying them. Schedule a free consultation to protect your interest in the property.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
