Can I evict a life tenant?

A life tenant is, simply put, someone who has all the rights of a homeowner even though the ownership of the property they live in has been transferred to a third party (known as a remainderman). In other words, the remainderman won’t be able to evict them, even if their relationship breaks down.

What happens if a life tenant fails to upkeep the property?

As a result, failing to upkeep costs is a revocation of the tenancy. If a life tenant refuses to honor his end of the bargain or simply cannot keep up with the costs, a party with an interest in the subject property can compel a sale of the home.

Can a life tenancy holder force the sale?

Life Estate Tenant Consents to the Sale or Forces the Sale. A life tenancy holder can force a sale of a real property and collect the value of her life estate over the objections of the other beneficiaries.

Can a beneficiary evict a life tenant?

If your mother granted him his rights through a deed, you and your siblings would not be able to evict him if he violated those obligations. You might have a legal claim against him, which would be worthless if he doesn’t have any money to pay it.

What happens if a tenant fails to pay maintenance costs?

In many cases, an estate planning instrument provides for a life tenancy on the condition that the tenant pay maintenance costs. As a result, failing to upkeep costs is a revocation of the tenancy.

Can a life tenant still live on a rental property?

Rental Property. If the life tenant decides they no longer wish to live on the property, that doesn’t mean the dwelling automatically goes to the remainder owner. Life means exactly that, and while the life tenant is still alive, he or she can rent the property and receive the rental income.

Can a remainderman file a lawsuit against a life tenant?

A remainderman may file a lawsuit against the life tenant if the latter takes any action that diminishes the value of the property or encumbers or attempts to sell the property. Sale of the Property A remainderman may sell his interest in the property, but the buyer would take the property subject to the rights of life tenant.

Can a life tenant take out a new mortgage?

Without the consent of the remainderman, the life tenant may not take out a new mortgage or otherwise encumber the property. Unless prohibited by the will, trust, or deed, the life tenant may rent out or make improvements on the property.

What are the duties of a life tenant?

Life tenants must keep the life estate property in good condition. Among other duties, the life tenant must maintain the property, as well as pay property taxes and interest on any mortgage of the property. Typically, the remainderman is responsible for mortgage principal.