In a two family house, two separate units, owned by two parties. can one unit be rented without the consent of the other party

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In a two family house, two separate units, owned by two parties. can one unit be rented without the consent of the other party

Two sisters own a two family house. Sister A lives in upstairs units that she owns and sister B lives in downstairs unit that she owns. Sister A died, can sister A’s children rent the upstairs unit without the permission of sister b?

Asked on September 13, 2019 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If Sister A was the sole owner of the upstairs unit, which your question imlies, then if her children inherit the unit (as we presume they will), they can do with it as the like: it is their property. They can live in it, rent it out, etc. Sister B has no say over what other people do with their own property, even if they live over her head.


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