Can a joint owner rent a house without the other partner’s consent?

Asked on December 13, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Absent a written agreement to the contrary a joint owner can rent out a piece of property owned by several owners without the consent of all owners. The rationale is that under partnership law, one partner in a transaction pertaining to the partnership can bind all other partners.

Joint ownership of a home by multiple owners is a partnership for all intents and purposes. Note, it is best to get appproval of all other owners before making a decision about renting out a jointly owned home to prevent against possible problems.


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