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?

A Quiet title
B Failure to pay rent
C Waste
D Partition

Answer 1

Tom Brady would likely file a lawsuit against Jimmy Garoppolo for waste, as Jimmy's actions are causing damage to the property, thus diminishing its value without Tom's consent.

Step-by-step explanation:

Tom Brady would bring his lawsuit under the cause of action known as waste.

Waste is a legal term referring to the destruction, alteration, or neglect of property by a person in possession of the property (such as a life tenant or lessee) in a manner that diminishes the value of the property without the consent of the owner or person with a future interest.

Since Jimmy Garoppolo's actions of throwing wild parties and causing damage to the house may have reduced its value, Tom has grounds to claim waste and potentially recover damages or secure an injunction to prevent further destruction.