If three people own a house equally, can one person let somebody rent out the house without the authorization of the others?

There are three people on a deed. A
mother and her two kids. They all
equally own a house. Can one rent out
a room without the authorization of the
other two people?

Asked on June 6, 2018 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, any owner can rent out (or do most anything else) without the permission of the other co-owners. If they want, the other 2 owners can force a sale of the premises if it comes down to that. They can go to court and ask for a "patition action". Since the house cannot be prtitoned (i.e. divided), the court will instead order a "sale in lieu of partition". Accordingly, the house will be ordered sold for fair market value and the proceeds will then be equitably distributed. First, however, any owner who wants to keep the house can buy out the other owners.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, any owner can rent out (or do most anything else) without the permission of the other co-owners. If they want, the other 2 owners can force a sale of the premises if it comes down to that. They can go to court and ask for a "patition action". Since the house cannot be prtitoned (i.e. divided), the court will instead order a "sale in lieu of partition". Accordingly, the house will be ordered sold for fair market value and the proceeds will then be equitably distributed. First, however, any owner who wants to keep the house can buy out the other owners.


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