brother in law trying to take over - Landlord Forum thread 331623

brother in law trying to take over by Anonymous on March 2, 2015 @16:24

Have lease good until July of 2015. Husband passed away in September. Brother now trying to take over and told tenants that they were now to pay him the rent and could have the shed that is on the property. Not the agreement in lease. Tenant could not afford the rent but wanted the house. We lowered the rent and just rented the house without the shed so we could have some storage. Do the tenants have to abide by the lease till it is up. Cant believe the mess I am in need advice is there is attorney out there that can give it. Thank You.

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Re: brother in law trying to take over by Anonymous on March 2, 2015 @16:50	[ Reply ]

that is the most confusing thing you wrote what does your husbands' brother have to do with your lease? what does your husbands' brother have to do with your property or your tenants? huh?

Re: brother in law trying to take over

Re: brother in law trying to take over by Anonymous on March 2, 2015 @17:42	[ Reply ]

Does brother in law have joint ownership in rental property?

Re: brother in law trying to take over

Re: brother in law trying to take over Oh, no. by Anonymous on March 2, 2015 @21:49	[ Reply ]

This is one of the more confusing posts that I have read in a while. Please post your situation again using complete sentences.

Re: brother in law trying to take over by Anonymous on March 3, 2015 @02:09	[ Reply ]

When people die, the relatives come in like hyenas after a kill. Get an attorney right away.

Re: brother in law trying to take over by Anonymous on March 3, 2015 @10:54	[ Reply ]

You and your brother-in-law are joint owners, since the property interest passed to you when your husband died, in accordance with the trust agreement. Because you are both owners, and I assume equal owners, you each have the right to manage the property, collect rents, etc. You'll have to come to some agreement between you about who will do what regarding the property. If he collects the rent but doesn't provide you with your share, you'll have to sue him in court for your portion. The lease is unaffected by your husband's death. As the new owner, you are obligated by the lease and so is your brother-in-law. He cannot change the terms except as allowed in the lease -- and most leases say that payments are to be made out to X and delivered to X address, unless the tenant is directed to use a different address. So read the lease carefully and see whatlatitude your BIL has in making changes and remind him of his obligations under the lease. Good luck.

Re: brother in law trying to take over