Landlord-Tenant Laws

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Description

Larry Landlord has recently renovated an apartment and has put it on the market to be rented for $800.00 a month. Larry Landlord has been in business for approximately five (5) years and has had both positive and negative experiences with tenants. Larry Landlord is hoping to find a good, long-term tenant for his apartment. Roger Renter saw Larry’s sign for the apartment for rent and thought the location and the apartment would be perfect. Roger met Larry to look at the apartment and Roger fell in love with it. All of the interior fixtures had been replaced and the unit had a nice large closet. Roger noticed that although newly painted, the exterior of the apartment did show a little bit of wear. Because of the condition of the exterior of the building, Roger asked Larry about any roof leaks. Larry stated that he had never had a leak and was not aware of any leaks.

Roger and Larry entered into a valid contract for the rental of the apartment. (Note: The issue of whether or not a contract exists is NOT part of this question. For purposes of this question assume the contract is valid and there are no issues with the contract.)

Roger Renter was very happy in his new location; the apartment was quiet and the neighbors were friendly. Larry Landlord was also very happy because Roger Renter was a model tenant. Roger Renter paid on time and was quiet and respectful to other tenants.

The part of the country where Roger rented was rainy in the summertime. Roger rented and moved into the apartment in October. In June, a tremendous rainstorm occurred and Roger’s roof began to leak. The leak was minor at first and Roger merely put a trash can under the leak and had no other issues that month. When handing over his monthly rent check, Roger told Larry about the small leak. Larry thanked Roger for letting him know about the leak and told Roger he would have it fixed.

The next month the rains came again and the leak grew larger in Roger’s apartment. Roger was not home at the time of the rain and therefore the leak damaged some of Roger’s furniture. Roger called Larry to let him know that there was a leak and asked when it might be fixed. Roger also stated that he thought Larry had fixed the roof. Larry curtly stated, “When it rains, sometimes it pours. When it pours, sometimes it leaks.” Roger did not like Larry’s tone or response and called back to ask when the roof might be fixed. Larry stated, “When I get to it.” The following day, Roger sent Larry a note about the roof leak and asked Larry to please address the issue.

The week before the rent was due, another rainstorm occurred and the leak was even larger. This time the leak damaged Roger’s clothing, furniture, and some precious items he had inherited from family members. Roger called Larry and asked Larry to fix roof immediately. Larry responded in a similar and condescending manner. Roger hung up the phone and threw his baseball bat against the wall, damaging the drywall and knocking out an electrical socket.

Since it was the rainy season, Roger knew it would rain again and therefore simply moved his items away from the leak and did nothing to help mitigate the damage from the leaking roof.

Larry came into the apartment to investigate the leak and found damage from not only the leak but also from the thrown baseball bat. Roger states that the baseball bat damage was a direct result of Larry’s inability to fix the leak based on his anger from Larry’s curt response.

Suppose you are a mediator. In five to seven (5-7) pages discuss the rights and responsibilities of the landlord and the tenant in which you:

  1. Explore the legal rights and responsibilities of the tenant and the landlord.
  2. Decide whether or not the landlord and / or the tenant had a legal duty to mitigate damages.
  3. Determine whether or not Larry has legal grounds to evict Roger. Explain why or why not.
  4. Describe whether or not Roger has a legal obligation to pay for the damage he caused and determine whether or not Larry would be liable for any direct damage.
  5. Support each response with facts presented in the scenario.
  6. Use proper legal terminology throughout your responses.
  7. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as quality academic resources.
  8. Format your assignment according to the following formatting requirements:
    • Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
    • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page is not included in the required page length.
    • Include a reference page. Citations and references must follow APA format. The reference page is not included in the required page length.

Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills, using the following rubric.

Click here for the grading rubric.

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Explanation & Answer

Attached.

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Rights and Duties of Landlords and Tenants

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Rights and Duties of Landlords and Tenants

There are many aspects with respect to tenants and landlords concerning the rights and
duties of the tenancy agreement. It is important to note that both parties must fully understand
their role and the rules of the agreement. Understanding roles and rules will help avoid problems
when they arise. Traditionally, when there is an agreement to pays rent to live in a living
quarters, the renter becomes a tenant governed the law of the state they reside in. Additionally,
the frequency of payment does not impact the governance of law. Moreover, if the living
quarters are rented to a person, business, or government unit, there is not change in the
governance of the contract. The details that have been previously stated are true regardless if
there is an unwritten lease contract or not. The legal right and duty of a tenant are compromised
from landlord and tenant law as well as from any lease or tenancy agreement between the tenant
and the landlord.

Legal Rights and Responsibilities of Tenant and Landlord

The Residential Tenancies Act of 2004 is the main legislation that governs the rights with respect
to the Landlord and Tenant Acts 1967 to 1994. This mean that if someone were to rent from a
landlord, they are not covered by the legislation revolving around landlord and tenant legislation.
Additionally, leases cannot remove rights under the Residential Tenancies Act 2004; however,
the tenant and the property owner can agree on matters that are not dealt with in the Act.

Property owners have certain rights and duties. These rights and duties are produced from
property owner and tenant law and from any tenancy agreement written or unwritten between the
tenant and property owner. While this is true, there are many situations that may occur when

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there are disputes with respect to the property owners and the tenants concerning the condition of
the property. The discrepancies between the tenant and owners can normally be revolved
between the two parties; however, if they cannot informally dispute things, each party is entitled
to the legal due process to determine the case.

If I were the mediator in this case concerning Larry and Roger, I would present the rights
and responsibilities of Larry and Roger so that both can better understand the legal proceeding
with respect to the damages that are presented. According to the law of housing, the landlord, or
Larry, can charge a market rental price and implies unrestrained tenancy. Larry, as the owner.
should agree to the terms of the tenancy. For example, Larry is responsible for responding to the
complaints of his tenants, especially if living conditions are threatened and personal property is
being damaged. Additionally, Larry should be concerned for the well-being of his property as
well. However, he has the right to receive rent when it is due and claim the right to it. The
landlord, Larry, has the right as well to be informed about any necessary repairs of his property.

While the property owners has rights, the tenant, Roger, has basic rights with respect to the
renting situation presented. Roger should be given a reasonable time with respect to vacating the
premises and the right to being free from harassment. Additionally, he has the right Roger as the
tenant is at liberty to give a proper notice to vacate the premise. He also has the right to be free
from harassment and unlawful ejection. Moreover, Roger has the right to due legal process and
the right to other benefits. Lastly, Roger can obtain a tenancy statement and has the right to it, as
well at the right to default repairs and...


Anonymous
Just what I needed…Fantastic!

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