Landlord Question and Answer Forum

This is what's going on, I along with my two brother's have inherited a property when parents passed away. There are two house's built on the property. I reside in one and one of my brother's wife and kids reside in the other. Now ever since my brother moved out from his wife and kids, the wife has been giving us problems. I already went to court and brother unexpectedly showed up for her defense and judge stated because he's a 1/3 owner he has a right on who stays there. Well the tenant does not pay any rent only utilities and sometimes not even that. Well recently code enforcement was called and they gave us 8 citations which 6 we're for her side. I had to pay for fixtures to her side because we are all owners and my brother doesn't charge her rent! She continues to destroy property. What can I do? Can I evict now?

are you paying rent to your brothers? you're 1/3 owner but using 1/2 the property.

Posted by Scott H, VA on Tuesday, August 14, 2018

I say team up with the other brother and file a partition lawsuit to sell the property. I had to do this because after our parents died my brother used the property and paid no rent, utilities, taxes, etc. I was left holding the bag due to bills went into my name only. It's always a nightmare when you have a sibling that is a problem. Judges not always do the right thing and do not always go by the law!! Not sure how to evict if you have no lease between the three of you. GOOD LUCK!!!

Posted by Sandra P, MN on Wednesday, August 15, 2018