Cana life tenant rent out the premises?

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Cana life tenant rent out the premises?

I own house along with 2 siblings. A non-owner brother lives there with a life estate. Recently discovered that he may have entered into a rental agreement with 2 other people that may have been there for a couple weeks. We want them out. Is it a legal tenant/landlord contract if he is not the owner? Can we have them removed as unwelcome trespassers or do we have to do an eviction?

Asked on November 24, 2012 under Real Estate Law, Vermont

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, just as a "regular" tenant may sublet (or assign) his or her space so long as there is no lease restriction preventing this, so, too, can a life tenant rent out his or her space unless the document creating the life tenancy prevents him from doing this. So unless this is spefically restricted, your non-owner brother may do this.


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