The lease agreement is an agreement whereby two or more people share ownership of land or land. Accommodation can be commercial or residential. When a common tenant dies, the property is transferred to that tenant`s estate. Any independent owner can control an equal or different percentage of the total property. In addition, the lease, as a common partner, has the right to transfer its share of the property to a beneficiary as part of its succession. The contractual conditions applicable to tenants are contained in the deed, title or other legally binding ownership document. Other tenants may also find that they now own the property with someone they do not know or agree with. This new tenant can file a partition action that will force recalcitrant tenants to sell or share the property. But that doesn`t mean everything is always the same. You may own 70% of the property, while your partner owns 30% – either you can use the entire property, but if you have agreed to sell the property or your part, you would be entitled to most of the proceeds. Even if you are not interested in selling the property soon, it is still important to have your agreement in writing. If there is a disagreement between you and your partner, you want everything to be written in advance, not to mention the fact that real estate transactions must be written to be legally binding.
All these details can be important and you can write them with a tenant in a common agreement. These contract templates are intended for real estate that the owner/investor will lease to others. They are not suitable for real estate used in whole or in part by one or more owners as a house or holiday apartment. These leases in common documents can be used in any U.S. state and protect owners from unforeseen events or disagreements and after death. They are in simple English, easy to understand and customize, 15-20 pages long with a detailed summary. Before you purchase these forms, you should consider whether the ownership of the investment property is owned by the owners as common tenants or by a limited liability company (or “CLL”). You will find a discussion about the pros and cons of owning investment real estate as an ICT or LLC in An Introduction to Limited Liability Company. If you decide that the LLC property is the best, don`t buy these forms; Use our models for LLC property. These ICT forms will work very well in the increasingly frequent agreement, where the property is kept together, but one or more tenants in joint investors will retain/keep their ICT stock in an LLC.
For maximum protection against unforeseen events such as death, bankruptcy, be sure to use both a co-ownership agreement and a registered Memorandum of Understanding. If two or more persons own common property, all parts of the property are equally owned by the group. Tenants may have another share of the property shares. For example, Sarah and Debbie may own 25% of a property, while Leticia owns 50%. Although the percentage varies, no individual can claim ownership of a certain part of the property. If the property is owned by a corporate entity, the company`s administrative documents can anticipate and resolve the problems mentioned above. For example, if the property is owned by an LLC, the LLC operating contract often provides for a pre-emption right, so that if Peter wanted to sell his share, Jack would have the contractual right to consolidate his property in the wing by purchasing Peter`s interest.