Can one partner evict a tenant?

Question

Hi. I own a property with a few partners. Our names are all listed on the deed as individuals, tenants-in-common. We do not have any agreement between us. I informed a tenant that he should pay my share of the rent directly to me. If he doesn't, but instead gives my share to another partner, can i evict him?

Thanks

Theresa Harris · Answer

You all need to come up with a plan.  There is no way a tenant should be expected to pay each of you individually.  They write one check or send the rent to one person.  After that, it is up to all of the partners as to how to handle it.

Greg H. · Answer

Most likely you are going to have to get together with the other partners and go to court to force the sale of the property.  A Trustee is supposed to act in the best interest of the Estate which seems like this was not the case

As far as requiring a tenant to pay portions of the rent, you are out of luck there unless that was spelled out and agreed to at the signing of the lease.  I would seek legal counsel

Bob Stein · Answer

Thanks all for the replies. A disastrous situation it is.

The property was received as an inheritance and a large extended family that has nothing to do with each other now owns it individually with no agreement. Most of us want it sold, but this same relative, who had been the trustee of the trust before the deed was transferred,  signed a long term lease with his friend at about half the market rate while the trust still owned it. Now, it cant be sold for real value as long as that tenant is still in. If this tenant's lease can be broken, most of us would be very happy. However, this relative is trying to run the show as if he owns the place and his friend obviously goes along. I want to stop it. If i require the tenant to pay me directly and he doesnt, two weeks later, his lease is terminated and the building can be sold. The only question is if that will work.

BTW, the property is in CA, so its not much better.

Thanks

Scott M. · Answer

@Bob Stein what a disaster you and your partners are setting yourselves up for.  You all need to get your act together.  Make it easy on the tenant to pay their rent.

While you don't say if your home is in NJ or not, if it is, you are in one of the most tenant friendly states in the US.

Duncan Hayes · Answer

@Duncan Hayes “you own the property too”

Duncan Hayes · Answer

@Bob Stein Happy New Year! I personally have never been in a situation like yours on this property but here’s my two cents:

1) the tenant should not have to work 2x as hard to pay the rent. Think about how you’d feel in their shoes. One of my landlords is requesting I make a separate payment to him because he thinks my relationship with one of his partners is an issue.

2) how are they paying? Because some methods of payment cost; so making two separate rent payments could cost 2x the fees as it usually does.

Why inconvenience the tenant because someone you are in a business relationship is doing things to push your buttons? You should speak to your partner and tell him that if he wants to do extra for the tenant then it comes from his money, not yours and whomever else you’re partnered with. Your quarrels with your partner should not spill over to the tenant. Of course the tenant is gonna milk it best they can outta their friend. That’s why you and your partners should have something in writing on how this will work in the event he wants to give extras to the tenant. You all should meet and set guidelines. Whether it’s voting on it or getting a sign off of approval from each owner. Or if it means no renting properties that you co-own to friends/family. The tenant will be temporary more than likely. They’ll move on to a new home in whatever amount of time, but if you keep buying deals with these partners that will last a lifetime. Focus on fixing the problem for the long term, instead of the short term. And, the long term fix is the route that involves you and your partners having a chat.

You own the property to, so you have a say. Or step away and consider it a learning experience, then move onto the next solo or with new partner(s).

Bob Stein · Answer

The problem is that one of the partners is friends with a tenant and pays for things the tenant wants that are not required by the lease. Therefore, i want the tenant to pay me directly so that i wont have to deal with this.

Bob Stein · Answer

Thanks for the reply. The property was owned by a trust and the lease is between the trust and the tenants. The trustee has since transferred title to all members of the trust as individuals. Therefore, the tenants cant pay the trust, which is in the lease, because the trust doesn't own the building anymore.

Colleen F. · Answer

@Bob Stein   What does his lease say?  The lease rules!  If the tenant made an agreement to pay xyz corporation and you tell him to pay parties x, y and z in separate checks I am not sure how that would hold up as an eviction when he only pay x.

Set the rent up so he pays one entity and you all are paid from that account. It is not your tenants responsibility to split the rent for you. In the unlikely event you set it up in the lease as two separate payments to separate entities I stand corrected but that makes it difficult to determine if a tenant is  current with rent.  Then your local rules about partial payments and evictions would apply.

Can one partner evict a tenant?

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