Can a co-owner evict a tenant who has a lease agreement with the other owner?

Asked on October 27, 2011 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A tenant may be evicted only if he or she violates a lease, if there is a written lease. (If there is no written lease, the tenant is a month-to-month tenant and may be evicted on 30 days notice to terminate the tenancy). If this tenant has a written lease from someone with authority--or at least apparent authority, or what a reasonable person would conclude is authority--to execute the lease, then so long as the tenant abides by its terms (including making the appropriate payments), he or she cannot be evicted. A co-owner of a building would certainly have apparent authority, and very likely actual authority, to execute a lease, so from what you write, it is unlikely one co-owner could evict this tenant as long as the tenant complies with the lease.


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