How can you ask a tenant to leave? - Landlord and Tenants Law Questions and Answers- LawQA.com

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How can you ask a tenant to leave?

This woman owns 1/8th of the house and she has been living in it for 3 yrs. She pays no rent,utilities or upkeep. The relatives want to sell the property. How can they get her out?

Answer By Jared Altman
Law Office of Jared Altman
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The easiest way is to pay her off. Otherwise, legally, you would have to sue for what's called "partition". Very costly. Try to avoid that. Just pay her off if at all possible.

Answer Applies to: New York
Replied: 8/2/2011

Answer By Steven Dunnings
Dunnings Law Firm
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If she has title to the property you can't except to buy out her interest This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.

Answer Applies to: Michigan
Replied: 8/2/2011

Answer By Michael Palumbo
Palumbo and Kosofsky
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Since she is an owner she is not a tenant. You must bring an action for partition; i.e. an action to have a court order her to sell you her 1/8th.

Answer Applies to: New York
Replied: 8/2/2011

Frances R. Johnson
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If she owns a portion of the property, she's not just a tenant. They need to seek an attorney and ask about the possibility of success if they file a petition to partition the property, which can be the beginning of an attempt to sell the property.

Answer Applies to: Colorado
Replied: 8/2/2011

Law Offices of Steven A. Fink
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You need to file a lawsuit seeking partition of the property and damages for her use of the property for 3 years.

Answer Applies to: California
Replied: 8/1/2011

Law Offices of Timothy G. Kearney, LLC
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If she owns 1/8 of the house she is not a tenant, she is an owner. You will have to get her to agree to leave, sell, or bring an action for partition.

Answer Applies to: Connecticut
Replied: 8/1/2011

Pivotal Law Group, PLLC
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If she owns 1/8 of the property, you may need to file a partition action, which will most likely ultimately result in forcing a sale. You should consult with an experienced real estate attorney in your jurisdiction.

Answer Applies to: Washington
Replied: 8/1/2011

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