Can a joint tenant bring a cause of action for Accounting?

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kykiske
Posts: 249
Joined: Sun Mar 10, 2013 7:12 pm

Can a joint tenant bring a cause of action for Accounting?

Postby kykiske » Wed Mar 20, 2013 4:57 pm

Hello all,

In class we discussed how a tenant in common can bring a COA of accounting to retrieve proportional rents or profits that her cotenants acquire. Is the COA also available for joint tenants? Or is the COA limited to tenants in common?

Thank you.

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MarcusAurelius
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Joined: Wed Feb 15, 2012 4:49 pm

Re: Can a joint tenant bring a cause of action for Accounting?

Postby MarcusAurelius » Sun Mar 24, 2013 11:58 pm

kykiske wrote:Hello all,

In class we discussed how a tenant in common can bring a COA of accounting to retrieve proportional rents or profits that her cotenants acquire. Is the COA also available for joint tenants? Or is the COA limited to tenants in common?

Thank you.


uuuuuhhhhhhh why don't you email your professor

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UnfrozenCaveman
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Joined: Thu Mar 21, 2013 10:06 pm

Re: Can a joint tenant bring a cause of action for Accounting?

Postby UnfrozenCaveman » Mon Mar 25, 2013 10:17 pm

kykiske wrote:Hello all,

In class we discussed how a tenant in common can bring a COA of accounting to retrieve proportional rents or profits that her cotenants acquire. Is the COA also available for joint tenants? Or is the COA limited to tenants in common?

Thank you.


IIRC: Yes if ousted. But the occupying tenant can reduce maintenance charges.

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stillwater
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Joined: Tue Jun 28, 2011 2:59 pm

Re: Can a joint tenant bring a cause of action for Accounting?

Postby stillwater » Mon Mar 25, 2013 10:27 pm

UnfrozenCaveman wrote:
kykiske wrote:Hello all,

In class we discussed how a tenant in common can bring a COA of accounting to retrieve proportional rents or profits that her cotenants acquire. Is the COA also available for joint tenants? Or is the COA limited to tenants in common?

Thank you.


IIRC: Yes if ousted. But the occupying tenant can reduce maintenance charges.


JTs are also entitled to rent paid by external parties in their use of the property. But the JT that brought in the rent may bring an accounting also to show why the rent-seeking JT is not entitled to rent on the basis of their equal interest shares (i.e. that the two JTs shouldn't be splitting it equally)




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