Tenant Pays Taxes Owed by Landlord
My question involves landlord-tenant law in the State of: West Virginia
Senario: Tenant and Landlord reached on oral agreement where landlord will convey property to tenant after monthly payments reach the total sales price. When this was reached, landlord refused to convey title saying the contract was for rent. Typically, the statute of frauds would bar enforcement of this contract. Tenant paid taxes owed on property because landlord was content to let property go to auction for unpaid taxes. Will tenant be able to recover the costs of the taxes she paid if court finds the contract unenforceable?
Re: Tenant Pays Taxes Owed by Landlord
Why doesn't tenant get landlord to sign contract drawn by attorney conveying ownership for payment of back taxes?
Re: Tenant Pays Taxes Owed by Landlord
Tenant wants to enforce the oral agreement and have the court issue her the title through specific performance. If court finds the contract unenforceable, tenant wants to recover the costs of the taxes paid. According to tenant, Landlord didn't pay the taxes because he wanted the home to go to auction and he would bid on it (at least thats what he wanted to do). Your answer may be what I'm looking for, I am wondering what the court is likely to do here. We are assuming tenant will recover for costs of improvements to the property (through common law unjust enrichment), but will tenant be able to recover the taxes she voluntarily paid?