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Two Landlords?
- Thread starter ilambert
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C
CA. LL
Guest
Yes and yes. 
"Can one owner evict the tenant without consent from the other owner? Can one owner "contest" or stop the other owner from proceeding with the eviction?"
*** Actually, the CORRECT answers to both questions is.... maybe (and not the 'can be' answer of CA LL).
Was the lease signed by both 'landlords'?? If not, then you should confirm with the 'signing' landlord what your payment obligations are.... and get it in writing. If in fact, both 'landlords' signed the lease, then you may have to look at the way the title is listed and see if both names are on the title. If only one, then again get the payment instructions in writing. If both, then you are going to need to try to get the parties to advise you (again in writing) as to the payment instructions.
Finally, if you still are unable to get instructions in writing, make the payment out to BOTH persons and send the payment to the address shown in the lease (or later written instructions) and be sure to keep copies of the payment. That way, if either party tries to initiate eviction proceedings, you can show the court copies of your payments having been made.
*** Actually, the CORRECT answers to both questions is.... maybe (and not the 'can be' answer of CA LL).
Was the lease signed by both 'landlords'?? If not, then you should confirm with the 'signing' landlord what your payment obligations are.... and get it in writing. If in fact, both 'landlords' signed the lease, then you may have to look at the way the title is listed and see if both names are on the title. If only one, then again get the payment instructions in writing. If both, then you are going to need to try to get the parties to advise you (again in writing) as to the payment instructions.
Finally, if you still are unable to get instructions in writing, make the payment out to BOTH persons and send the payment to the address shown in the lease (or later written instructions) and be sure to keep copies of the payment. That way, if either party tries to initiate eviction proceedings, you can show the court copies of your payments having been made.
C
CA. LL
Guest
Not to worry!!! Jetx's reply is totally presumptive. I must admit I expected more from him but.....guess he's having an off day.
We do not know if you are an owner. We do not know if you are a tenant with a written lease. We do not know if just cause is needed to evict. We do not know if you're delinquent in rent payment. We do not know any of the REVELANT FACTS. Thus, according to the little you have disclosed I expect the judge would dismiss the case if two landlords are in court arguing over whether to evict or not to evict. Owners must agree!!!
We do not know if you are an owner. We do not know if you are a tenant with a written lease. We do not know if just cause is needed to evict. We do not know if you're delinquent in rent payment. We do not know any of the REVELANT FACTS. Thus, according to the little you have disclosed I expect the judge would dismiss the case if two landlords are in court arguing over whether to evict or not to evict. Owners must agree!!!
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I am neither owner, nor tenant. I am asking on behalf of someone else. But you did bring up a relevant fact. The lease was signed only by Owner A who is attempting to evict the tenant for failure to pay. Owner B (who is a relative of the tenant) is not on the lease and does not receive any of the rent being paid.
So I guess this means that if the tenant falls behind on their rent, then there's nothing that the Owner B can do to stop the eviction initiated by Owner A since they are not on the lease signed by the tenant.
Am I understanding this correctly?
So I guess this means that if the tenant falls behind on their rent, then there's nothing that the Owner B can do to stop the eviction initiated by Owner A since they are not on the lease signed by the tenant.
Am I understanding this correctly?
Okay, time for you to make a decision.... you can continue to follow CA LL's rambling incorrect suggestions of what 'can be'..... or you can follow mine.
Obviously, CA LL and I disagree on lots of issues and I simply am not going to get into a battle with her about her errors. So, let me know who you are interested in getting help from.
Obviously, CA LL and I disagree on lots of issues and I simply am not going to get into a battle with her about her errors. So, let me know who you are interested in getting help from.
C
CA. LL
Guest
Jetx doesn't seem to understand the concept of people who post here and other message boards are looking for more than one opinion MOST all the time. He thinks when he opines that's it. Period-- in other words, don't ask only questions or you will be browbeat. Of course, it helps to say 'please Jetx oh great one' and 'thank you Jetx oh great one' if you do have a few other questions.
I appreciate all input...I'm really not in a position to select one piece of advice over the other. I'm just trying to educate myself on the possible outcomes of this situation.
So it sounds like a key element here in determining who has the right to evict is which owner signed the lease agreement with the tenant.
Is this correct?
So it sounds like a key element here in determining who has the right to evict is which owner signed the lease agreement with the tenant.
Is this correct?
C
CA. LL
Guest
Nope! Not necessarily. Owner B can agree to allow a person to stay for free. Owner A may not have had the owner B's permission to contract with the tenant. Owners must agree!!!
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C
CA. LL
Guest
Also, check into the requirement for the tenant to deposit the rent with the court if the LL has filed for nonpayment in Fl. I believe the tenant must do so there or otherwise a default judgment is awarded the LL--the one that filed.
C
CA. LL
Guest
Oh no you don't Jetx. You're bowing out because you don't really know--challenging you.
On what premise do you believe owner A can evict if owner B objects? The written contract? What's the legal real estate theory at work here? After all, we have all of the elements of a contract but is the contract valid? Is there really an acceptance of all legal participants afloat? What if owner B doesn't want any rent? What if owner B doesn't want to claim rental income from the tenant? What if owner B is willing to give the cousin more time to pay and doesn't want to evict just yet?
If you don't answer, I wonder where your big bro. HG is so you can all claim I'm a lost pup etc.
On what premise do you believe owner A can evict if owner B objects? The written contract? What's the legal real estate theory at work here? After all, we have all of the elements of a contract but is the contract valid? Is there really an acceptance of all legal participants afloat? What if owner B doesn't want any rent? What if owner B doesn't want to claim rental income from the tenant? What if owner B is willing to give the cousin more time to pay and doesn't want to evict just yet?
If you don't answer, I wonder where your big bro. HG is so you can all claim I'm a lost pup etc.
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