Can I sue for the value of home improvements we did in lieu of cash rent?

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Can I sue for the value of home improvements we did in lieu of cash rent?

We rented a house under the understanding that we would be the owners when the estate was settled. We did $16,000 in home repairs and upkeep. The other brother sued the estate and won the house. Can we sue him for the money we invested in repairs?

Asked on December 11, 2011 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you entered into a lease arrangement where you made improvement to the home in lieu of rent paid in the form of cash with the understanding that you would end up being able to purchase the unit, hopefully you have a written agreement to that effect.

Your damages would be the excess above the fair rental value of the home on a monthly basis. I suggest that you make a claim to the estate for the amount of home improvements above the fair rental value of the property.

I suggest that you consult with a landlord tenant attorney about your situation sooner rather than later.


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