Partition actions are usually simple lawsuits since there typically are no important facts in dispute, and it is just a matter of getting the court to order a sale of the property. The court then issues an order, after hearing evidence on the issue, as to how to distribute the proceeds.
In Texas, tenants generally cannot refuse to allow viewings of the rental property by the landlord or potential buyers/renters, provided the landlord gives proper notice.
Joint Tenancy Has Some Disadvantages They include: Control Issues. Since every owner has a co-equal share of the asset, any decision must be mutual. You might not be able to sell or mortgage a home if your co-owner does not agree.
In a joint tenancy, one owner typically cannot sell the property without the consent of the other owner(s). The property must be sold by all owners together. ALSO READ What Is Joint Tenancy With Right of Survivorship in California?
Not only does this ensure the immediate transfer of property, but it also avoids the lengthy and costly probate process. In New York, there are three ways to hold property with a co-owner: tenancy by the entirety, joint tenancy, and tenants in common.
In a joint tenancy, one owner typically cannot sell the property without the consent of the other owner(s). The property must be sold by all owners together. ALSO READ What Is Joint Tenancy With Right of Survivorship in California?
Marketing Considerations When Selling With a Tenant in Residence Make showing times easy for the tenant. Ask the tenant to depart the property during showings. Make keeping the property in good condition easy for the tenant. Help the tenant find a new residence, if needed. Ensure that the tenant is caught up with rent.
Yes. Selling a property with a tenant is legally permissible. However, both the seller and buyer must check the tenant's lease agreement to ensure it doesn't include any provisions that prohibit a sale. The seller should provide the buyer with relevant lease agreements.
In California, a property owner can sell a property even if it is currently leased. The lease remains in effect, and the new owner must honor the terms of the existing lease. The tenant has the right to continue living in the property under the same conditions agreed upon with the original owner.
There are no state laws that regulate landlord's entry in Texas. However, your lease agreement may allow your landlord to enter under certain circumstances. The lease may or may not require prior notice to the tenant. It may also authorize other people to enter, like maintenance staff or prospective buyers.