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bagel2756 · Jan 7, 2011, 11:21 PM

My brother and I co-own a home he lives in which is in a gated community. My brother has an occupant there living with him to help pay the hoa's. There is no mortgage.I have not approved of the occupant living there and do not want him there and he is not paying me anything. My brother gets him a 60day pass so that he can enter onto the grounds and access the house and renews the pass each 60day period. If my brother were to pass away or become an invalid and can no longer make payment on the house, what happens to the occupant if he no longer can get the 60day pass and doesn't want to move? He can no longer enter the grounds to get to the house as the guard won't let him through the gate. Would I still have to evict him or can I just let the pass run it's course?

joypulv · Jan 8, 2011, 06:08 AM

Tenant laws vary by state, and you can get them online at your state.gov.
You most likely will have to evict him, regardless of the 60 day pass. And management will go after the owners, not him, if he stays past the end of term.

ScottGem · Jan 8, 2011, 06:23 AM

This is an interesting conundrum. If something happens to your brother, I would check to see when the pass expires. If the pass expires in less than 30 days you have a problem. This person is your brother's tenant and is entitled to the full protection of the law as a tenant. Therefore you would need to give him the legal amount of notice to vacate for the area (ANY question on law needs to include your general locale as laws vary by area). If the pass expires before that deadline, and Security refuses to allow him to enter, then it might be considered an illegal eviction and subject you to a lawsuit.

On the other hand, if the pass expires after the legal deadline, then I would give him the legal notice of termination and advise him that you will not be renewing his pass so he needs to be out by the deadline or he will not be able to get his things from the home.

Fr_Chuck · Jan 8, 2011, 08:29 AM

The problem is he is a tenant, he does not have to pay rent to be one.

Now also in one line it says there is no mortgage, in another you say what happens if brother makes no payment,

So who is he paying.

bagel2756 · Jan 8, 2011, 10:56 AM

The tenant is paying my brother and he's also been in the house more than a year.

bagel2756 · Jan 8, 2011, 07:38 PM

Also, my brother is paying the hoa's. Neglected to write that my brother and I don't communicate.

bagel2756 · Jan 8, 2011, 07:54 PM

Also, my brother is paying the hoa's. Neglected to write that my brother and I don't communicate.