The owner right of the property

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The owner right of the property

My brother and I are the co-owner of the 2 flat brick building. My brother lives
in 2nd floor and I am in the 1st floor. My brother move out the building and let
another tenant to rent.
If I don’t agree with this, can I refuse NOT let this tenant get into my house?
Thank you

Asked on April 29, 2019 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you cannot do that. Co-owners each have a right to the use and possession of the property; that includes the right to let other people live there, whether as tenants or guests. Your brother may rent out the space he lived in. Obviously, you don't need to let the tenant into your personal space, but that's all you can do. You might wish to consider ending co-ownership of the building, if you don't want to live next to strangers: you could offer to buy out your brother; or offer to sell out to him; or you both agree to sell and split the proceeds; or if you and he cannot agree as to what to do, bring a legal action called an action "for partition" to get a court order requiring that that the property be sold and the proceeds (after paying costs of sale and any mortgages, liens, etc.) be divided between the two of you.


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