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Arzredhead9 Asked October 2021

My mom has me on the deed for the property in AZ. She is in assisted living in MN. Can I rent it out?

I have renter for the condo and want to make sure it is legal that I can rent it out.

GardenArtist Oct 2021
Grandma1954, good point.   I hadn't even thought of condo rules.   And from the Covenants and By-Laws I've read, there often are very strict regulations.   If this is also a senior community, there may be age limitations (i.e., no one below 55 can buy in).

Grandma1954 Oct 2021
Along with the other advice you have received check with the Condo board, they may have restrictions on if the unit can be rented at all OR if there is a % of units that can be rented are you able to rent this particular one at this time.

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GardenArtist Oct 2021
I would think the question goes beyond your being "on the deed", but depends on what your rights are, i.e., whether it's part ownership now or with rights of survivorship on death. 

If the former, and you hold title jointly, my thoughts are that BOTH of you would have to sign any lease.   If your interest is as a successor only, with rights of ownership to vest on her death, I don't see that you have any rights now.

Perhaps you could check the recorded deed and post back on exactly how title is held.

Isthisrealyreal Oct 2021
Is mom on Medicaid? This changes the information you need to know.

If you are paying the expenses for the property, including any property management fees and then giving mom the rest of the rental income, of course it is legal. If you are not giving her any of the rental income then you are probably not okay.

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