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35. What will the court likely decide?
Recently, the sister and the cousin learned about the rental. They brought an appropriate action against the tenant to have the lease declared void and to have the tenant evicted. The tenant raised all available defenses.
One year ago, the man moved to an apartment and rented the house to a tenant for three years under a lease that the man and the tenant both signed. The tenant has since paid the rent each month to the man.
Seven years ago, a man, his sister, and his cousin became equal owners, as tenants in common, of a house. Until a year ago, the man lived in the house alone. The sister and the cousin are longtime residents of another state.
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Tenants in common can receive their interests at different times and from different conveyances. Tenants in common can also hold unequal shares of the land, even if both tenants will have full use of all of the premises. Because there is no right of survivorship, each tenant in common has the right to convey his undivided interest in the shared land or lease it to a third party.
A tenant in common is normally entitled to occupy the entire premises without paying rent to the other tenants. However, when one tenant rents out the premises to a third party, the rent collected from the third party must be shared with the other co-tenants.
D is correct. An individual tenant in common may transfer his or her undivided interest by a lease for a term of years. The tenant obtains only the transferor's concurrent right of possession with the other tenants in common. The man, as a tenant in common, validly transferred his interest in the tenancy in common to the tenant by a lease for a term of years. The tenant must, however, share the right of possession with the other co-tenants, the sister and the cousin, for the term of the lease. The man must share the rental income with the sister and the cousin.
A is incorrect. Tenancies in common do not have a right of survivorship, which means tenants in common may lease, convey, or devise their interest in a piece of land. In this question, the lease is valid because an individual tenant in common may transfer his interest by a lease.
B is incorrect. Tenants in common can own different interests in the property while retaining the right to possess 100% of the premises. In this question, the man's lease to the tenant is valid, but the tenant does not have the right to exclusive occupancy of the premises. The tenant has stepped into the shoes of the man for the period of the lease and is entitled to possess the property equally with the other tenants in common.
C is incorrect. The tenant will not be evicted. This answer choice misstates the relationship between co-tenants in common. Tenants in common may have unequal shares in the property, and tenants in common can sell or convey their interest in the property to third parties. However, a tenant in common will have the right to possess all of the premises. Here, the tenant will be able to lease the property for three years but must share all of the premises with the other co-tenants in common.