Legal Question in Landlord & Tenant Law in California
Two unmarried people hold property as tenants in common in California. Neither owner lives on the property, and Owner X has had tenants in the property since the end of 2010. Owner X collects rent from them and has not given any of the rental money to Owner Y. Owner Y never set up, signed, or verbally agreed to a lease agreement allowing tenants into the property.
1) Is any rental agreement between Owner X and tenants legal/valid given that Owner Y never signed or agreed to one?
2) Is Owner Y entitled to past, current, or future rental monies?
3) If answer to question 2 is yes, then how does Owner Y recover old or receive current rental money?
3 Answers from Attorneys
1) Yes. TIC's have an undivided right of use and occupancy of the premises.
2) Yes.
3) By suing Owner X. In this situation a partition action would seem to be called for.
Owner Y can sue Owner X asking for partitioning as well as accounting to get his/her share. Let me know if I can be of service.
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