A Connecticut Superior Court Rules That An Eviction Action May Be Brought By Only One Owner Of Jointly Owned Property
Judge Weise held in the case of Toler v. Grant 2008 WL 9000815 (2008) that an eviction action can be brought by only one owner of jointly owned property.
In other words, consent by other owners of jointly owned property is not necessary to evict a tenant.
In his opinion, Judge Weise examined a number of court opinions that all owners of the property must be made parties to an eviction.
In the end, Judge Weise conlcuded that Conn. Gen. Stat. 47a-23 does not place such a limitation on an eviction and that the term “owner” includes those with a shared or partial interest.
This is an issue that is clearly ripe for appellate review as there is a significant split in Superior Court rulings.
Where does this leave us?
At least in Hartford County (where Judge Weise sits) all it takes is one parent to decide to evict an adult child for an eviction to proceed.