Rights in shared ownership of a garage box

Questioner

Dear Sir/Madam, I am a 50% owner of a garage box. Now I have found out that the other owner (my partner) is renting out the garage box without my permission. Neighbors saw a car parked in the garage. What are my options?

Lawyer

The third party rents an object from an unauthorized person now that your permission is missing. However, this third party could not have known this or at least his duty to investigate does not go that far. Therefore, he will probably appeal to the execution of a rental agreement if you try to terminate or destroy it. You can write to the other owner that your permission is missing, that you therefore demand cooperation in the termination and compensation of the missed rent payments in anticipation of the responses.

Questioner

Dear Mrs. Ferwerda, Thanks for your response. It's a bit more complicated. It's not about the tenant, but I feel cheated by my partner. He wants to buy my half so that the garage box will be in his name. I agreed to this. Now I have found out that he has secretly rented it out. That's why I want to stop the sale until I have clarity. Can the notary make a fuss about this? So far I have not received a concept from the notary, the planned date is December 4. Thanks for your advice, yours sincerely,

Lawyer

It is no reason to stop the transfer if the purchase does not break a lease: you probably do have a claim on your partner for half of the proceeds from the lease. You can perhaps include this as a condition for the sale, that this matter is settled between you.