Who has the right to send a tenant an eviction notice?

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Who has the right to send a tenant an eviction notice?

I am co -owner of a 2- family home with my brother. I lived on the top floor with my wife and he lived on the bottom flirt. He still lives there and we moved out. My wife’s mother and sister moved in and pay us monthly. I am behind on the mortgage but he sent an eviction notice to her. Is that legal?

Asked on November 11, 2012 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, both owners have to sign a lease and both owners have to be listed on the eviction notice.  One can act alone is there is an agreement as to same but they should both sign it.  It sounds as if you did not want to evict.  I would speak with an attorney about these issues.  Good luck.


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