does my co-signer have wrights

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does my co-signer have wrights

My co-signer has been leaving at the front house as my tenant and now I want them out. Do they have rights to stay if there not on the deed but only on the loan?

Asked on May 20, 2019 under Real Estate Law, California

Answers:

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

Answered 2 years ago | Contributor

No, they do not. Just being on the mortgage does not confer legal rights to a property; a person must be listed on the deed in order to have ownership rights. Accordingly, you can evict your tenant even if they are a borrower on the mortgage loan. That having been said, you cannot just kick them out; you must follow all state specific requirements for an eviction, assuming that this tenant will simply not just move after being given proper notice to vacate. At this point, you should consult directly with a local attorney.

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

Answered 2 years ago | Contributor

No, they do not. Just being on the mortgage does not confer legal rights to a property; a person must be listed on the deed in order to have ownership rights. Accordingly, you can evict your tenant even if they are a borrower on the mortgage loan. That having been said, you cannot just kick them out; you must follow all state specific requirements for an eviction, assuming that this tenant will simply not just move after being given proper notice to vacate. At this point, you should consult directly with a local attorney.


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