The plaintiff and defendant purchased a residence as tenants in common and executed a written agreement requiring equal sharing of expenses and providing that if one party moved out, that party would rent their share.
After the defendant moved out and ceased contributing to expenses, the plaintiff continued paying the mortgage and completed renovations to the property.
The defendant counterclaimed for reimbursement of expenses and alleged dispossession.
The court found the written agreement governed the parties’ obligations and held the defendant abandoned the property and failed to rent his share as required.
Judgment was granted to the plaintiff for unpaid expenses, with adjustments for rental income received.
