What is the likelihood that I can win a lawsuit for back rent from co-owner of a house?

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What is the likelihood that I can win a lawsuit for back rent from co-owner of a house?

About 2 years ago I inherited my mother’s house along with my sisters. My sister and I moved out. However, my other sister has been living there rent free. She has refused to pay all of the taxes so I had to pay. She has caused damage to the house by not doing repairs. What is the likelihood of me suing for back rent from my sister? There is no written agreement of any kind that she can live in the house.

Asked on July 25, 2011 New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of most states in this country, if you and your sisters are all on legal title to the house you three inherited, and there is no written agreement to the contrary that rent is to be paid, each owner of the house has the right to live in it rent free.

The chances of being successful in winning a lawsuit against your sister for unpaid rent on a home she owns has little chance of success.

However, if you paid her share of the property taxes for the home she owns with you, you are entitled to repayment io the amount with accrued interest from her. You should be successful against her for that claim.


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