A judge tossed out most of a lawsuit filed by Eminem's (search) aunt and uncle who claim the rapper is unjustly evicting them from the home he had built for them.

But the Macomb County (search) judge ruled Monday that Jack and Betti Schmitt could pursue a claim that the rapper unjustly profited from the improvements they made to the Clinton Township home.

Judge Mary A. Chrzanowski (search) also said the couple could amend the lawsuit in the next two weeks to reinstate the other claims, and she ordered Eminem to give a deposition in the case in the next 45 days, the Detroit Free Press (search) reported on its Web site.

The Schmitts claim in the lawsuit that they lived in St. Joseph, Mo., until mid-2002, when they moved to Michigan at the request of their nephew, whose real name is Marshall Mathers III.

According to the lawsuit, the Schmitts claim Eminem had agreed to pay them $100,000 a year for five years and provide them with a house worth up to $350,000. They say the rapper has given them only $165,000 since 2002 and the Schmitts received a notice July 13 telling them to leave the property.

Eminem's attorney argued in court that no work was performed for the money, and there was no contract between the Schmitts and Eminem.

A previously issued gag order prohibits the attorneys in the case from commenting.

Eminem was born in St. Joseph, Mo., and grew up in the Detroit area. He now lives in a mansion in Rochester Hills (search).