Parents and son purchase house as TnC. Son makes improvements then later moves out so parents live in house alone for 18 years, wherein they paid all the expenses for the house. After selling, the issue of how to divide proceeds arose. Court held that parents owed son for improvements and reasonable rental value, but son owed parents for mortgage, taxes, and insurance, which were offset to determine allocation of proceeds.
General Rule (vast MAJ): Absent ouster or agmt, cotenants do not owe rent to the others.
o If in tenant requests contribution from out tenant, in tenant will owe reasonable rental value if out tenant requests accounting.
o Esteves said burden on out tenant to prove reasonable rental value.
--- Only to be applied to JT and TnC ---