Question

Tom Brady gives Jimmy Garoppolo the right to his home so long as Jimmy is alive. However, once Jimmy passes away, the property will revert back to Tom. Jimmy throws wild parties and destroys the house. Tom brings a lawsuit against Jimmy in order to get him to leave. Under what cause of action would Tom bring his lawsuit?

Answer 1

Tom Brady's lawsuit against Jimmy Garoppolo for destroying the house would be based on waste, as Jimmy's actions as a life tenant are damaging Tom's reversionary interest in the property.

Step-by-step explanation:

Tom Brady would bring a lawsuit against Jimmy Garoppolo based on waste. In property law, waste refers to the destruction or significant alteration of property by someone who holds an interest, such as a life tenant, in a way that damages the interest of the owner or the person holding the reversionary interest.

Since Tom has granted Jimmy a life estate in the property, with the stipulation that the property will revert to Tom upon Jimmy’s death, Tom retains a reversionary interest. However, as a life tenant, Jimmy is responsible for maintaining the property and can be held liable for committing waste if he causes substantial harm to the property. Tom's lawsuit would be aimed at enforcing his reversionary rights and preventing Jimmy from causing further damage to the property.