inherit two family dwelling

[Ggal120]

two family dwelling. inherited from parents. sister and brother. brother is living on first floor. sister rents out the second floor and collects the rent. brother get none of that. this is fair. all expenses are shared. tax , insurance etc. brother maintains the property and repairs. does not ask for anything which is fair he lives there and is ok with this. sister wants him to pay 45.00 a month difference in rent amount. from 2001 until 2005. as of right now she is collecting more for the rent upstairs then what would be collected on the apartment where the brother lives. i guess the question is this. as a legal matter goes does this sound right and what can the sister do to either collect this money and can she file papers to get the brother out. what rights as half owner in this situation. she has never complained before but is now. he has lived there for 5 years.

 

[Michael Wechsler]

two family dwelling. inherited from parents. sister and brother. brother is living on first floor. sister rents out the second floor and collects the rent. brother get none of that. this is fair. all expenses are shared. tax , insurance etc. brother maintains the property and repairs. does not ask for anything which is fair he lives there and is ok with this. sister wants him to pay 45.00 a month difference in rent amount. from 2001 until 2005. as of right now she is collecting more for the rent upstairs then what would be collected on the apartment where the brother lives. i guess the question is this. as a legal matter goes does this sound right and what can the sister do to either collect this money and can she file papers to get the brother out. what rights as half owner in this situation. she has never complained before but is now. he has lived there for 5 years.

Just a thought - I would think that the first floor is not worth as much as the second floor if they layout is equal. Second, if both agreed to use the property as it is now, what makes you think sister can change this now? Third, just because sister is getting $45 more for the upper apartment doesn't mean that the lower apartment is really worth the same market value. Perhaps brother might say that this is a boon and he should be entitled to $22.50 a month for sister having struck such a great bargain - plus he does all the maintenance work for which he should be compensated.

I don't know the situation but for that amount of money I just don't think it's worth having a potentially horrific family squabble. I also am not sure why the arrangement is so unfair. Good luck in resolving this.