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Contract Analysis

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Business
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San Diego State University
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Running head: CONTRACT ANALYSIS 1
Contract Analysis
Name:
Institution:

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CONTRACT ANALYSIS 2
Residential Contract
The questions require reviewing the residential house lease agreement made between the
landlord and the tenant. In the contract, various clauses are explaining what expectations and
responsibilities are required of both parties to ensure that the contract is still void. Residential
house lease agreements provide a way forward in the case of damage in a property. From the
case between Letty and Omar, the latter should consider the house he rented untenable. This
initially calls for application of the tenth clause in the agreement. According to the clause, when
damage occurs in a house, resulting from causality by another person other than the tenant’s
fault, the tenant can consider abating the rent paid until the damages are repaired, and the house
is rentable again.
Another clause related to the case is the repair policy. According to the policy, tenants are
not allowed to perform any repairs in a rental house (Defeng 2009). Instead, requests about the
repair should be made to the landlord in the form of writing. The lease prohibits tenants from
performing the repair, as the resident may unlikely be an expert in repairing. Furthermore, in the
case of an injury during the repair, for example, the workman falling off the ladder, can the
tenant afford a legal battle that involves time and costs, over the item being repaired. By
providing the landlord with a written request, there is a creation of proof, essential for defense in
the case of a lawsuit. The other option available for Omar is employing constructive eviction.
The clause is implemented when a tenant perceives a house inhabitable owing to the damages in
the rental (Brandt 1990). In such a case, the tenant can consider moving out of the rental unit,
thus terminating the lease agreement. The lawsuit following such scenarios is also called
constructive eviction whereby if the landlord is unable to establish a strong defense, they are
liable to money damages from breaking the lease.

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Running head: CONTRACT ANALYSIS 1 Contract Analysis Name: Institution: CONTRACT ANALYSIS 2 Residential Contract The questions require reviewing the residential house lease agreement made between the landlord and the tenant. In the contract, various clauses are explaining what expectations and responsibilities are required of both parties to ensure that the contract is still void. Residential house lease agreements provide a way forward in the case of damage in a property. From the case between Letty and Omar, the latter should consider the house he rented untenable. This initially calls for application of the tenth clause in the agreement. According to the clause, when damage occurs in a house, resulting from causality by another person other than the tenant’s fault, the tenant can consider abating the rent paid until the damages are repaired, and the house is rentable again. Ano ...
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