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Barrister, Attorney
Category: Legal
Satisfied Customers: 33207
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Boyfriend moved in, agreed to pay me rent while living here

Resolved Question:

Boyfriend moved in, agreed to pay me rent while living here but didn't for 2 years. He convinced me to spend 130,000.00 on the back yard. He has paid 22,000.00 for materials, and another 15,000.00 mid way through the project. I own the house, signed the contract for 50,000.00 labor costs but he kept changing and making project bigger. Now he wants all of his money back but still has not paid me rent. The reason he does not live here is because he has damaged thousands of dollars worth of my property and has been arrested 2 times on battery charges for physically abusing me. He told the contractors not to listen to me, that I didn't know what I was talking about, then expanded the project. I told the contractors if he made project bigger in one area, then make other areas smaller because I did not want such elaborate landscaping done. The contractor said he would go to court with me and testify of his behavior and him overpowering me in matters. Now he wants it all back and he never paid for food, rent, ect. Can I be forced to pay him back that money?
Submitted: 5 years ago.
Category: Legal
Expert:  Barrister replied 5 years ago.



There is a 6 year statute of limitations on contracts in Wisconsin, so you can sue him for all the back rent that he owes you. As for other costs (food, utilities, etc.) if you didn't have an agreement with him to pay that, then you won't be able to sue for that.


As for the money paid for the improvements, if there was no agreement for you to repay him, then you can claim that it was a gift from him to you to help pay the costs. He will claim that it was a loan or that it was conditioned on him living there. But without any formal agreement stating you would be responsible for repaying him, he will have an uphill battle getting a judge to force you to do so.


The only other argument that he may make is based on "unjust enrichment". This is a legal theory that means when a person unfairly gets a benefit by chance, mistake or another's misfortune for which the one enriched has not paid or worked and morally and ethically should not keep. I don't think this would be successful either as he voluntarily made those expenditures and it was not chance, mistake or misfortune that caused him to do so.







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