Can a co-tenant claim occupation rent when he or she has been ousted from the property?
British Columbia, Canada
The following excerpt is from McManus v McManus, 2019 BCSC 123 (CanLII):
At common law, a co-tenant is entitled to claim occupation rent only when he or she has been ousted from property. However, if the tenant in possession seeks to recover property expenses from the departed tenant, the court retains a discretion to set off occupation rent against the expense claim. There is no absolute right to such a claim or set off, occupation rent being an equitable remedy: Hodel v. Adams, 2016 BCSC 910 at para. 20.
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