Winchester, TN asked in Landlord - Tenant for Tennessee

Q: If served eviction papers from an uncle landlord can you counter sue for all the money you have put into the house?

Nothing was in writing. My in-laws have lived in their uncles house for free for a long time but they were taking care of the house and farm and even putting money into the house that would usually be done by the landlord. They were served eviction papers without ever being asked to leave or pay rent beforehand.

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: Obviously, they can sue, but the more precise question is will they prevail? There is a type of claim called "unjust enrichment" where one party has conferred a benefit on another, a court can determine that it is unjust ( not fair) for the recipient to retain that benefit without paying compensation for it. However, it sounds like there was never any rent paid, so it may be equally unjust to allow the occupants to have lived there for a long time without paying rent. This in ultimately going to depend on the specific facts and circumstances of this situation, so there isn't enough information presented in your question to provide a truly accurate answer. Consult an experienced local lawyer for specific advise.

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