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5 pages/β‰ˆ1375 words
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APA
Subject:
Law
Type:
Coursework
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English (U.S.)
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Topic:

Landlord-Tenant Law Coursework Assignment Paper

Coursework Instructions:

HINT: See Chapters 29 and 30 of the text to help understand some of the legal issues covered in this assignment.
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 Rogerâ��s apartment. Roger was not home at the time of the rain and therefore the leak damaged some of Rogerâ��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, â�œWhen it rains, sometimes it pours. When it pours, sometimes it leaks.âï¿½Β Roger did not like Larryâ��s tone or response and called back to ask when the roof might be fixed. Larry stated, â�œWhen I get to it.âï¿½Β 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:
Explore the legal rights and responsibilities of the tenant and the landlord.�
Decide whether or not the landlord and / or the tenant had a legal duty to mitigate damages.�
Determine whether or not Larry has legal grounds to evict Roger. Explain why or why not. �
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.�
Support each response with facts presented in the scenario.
Use proper legal terminology throughout your responses.�
Use at least three (3) quality academic resources in this assignment.�Note: Wikipedia and other Websites do not qualify as quality academic resources.
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

Coursework Sample Content Preview:

Landlord-Tenant Law
Name
Institutional affiliation
Landlord-Tenant Law
In the past recent years, cases between landlords and their tenants have been on the rise in the courts. This can mainly be attributed to misunderstandings, being cheated out of a contract or greed by either party. The exempt provided gives an example of a case where the tenant and the landlord are disagreeing. People are increasingly becoming aware of their rights and responsibilities, and it is for this reason that more cases are coming up in the courts. Both the tenant and the landlord have rights, for instance, the landlord has the right to draft a contract in which he dictates the terms in which the tenant will live in the house. This means that if the tenant signs the contract, he is bound to it. He has to pay the rent on time as stated by the contract or face the consequences as indicated in the contract. The tenant (Rodger) on the hand has the right not be awarded a notice before he is evicted. The landlord Larry has the responsibility to provide Rodger with an inhabitable environment (Kumm, 2014). The case here is whereby the tenant has a leaking roof. Before renting the house, he was taken on a tour of the house where he inspected it and liked it. The interior has just been re-done, but he noticed that the exterior was still old. As a result, he asked if the house had a leaking roof and the tenant Larry answered he had never heard about a leaking roof.
After a while of living in the house, the rainy season comes, and the roof starts leaking. At first, it is not a big leak, and the tenant reports to the landlord. The second time it rains the leak does some damage on his furniture, and he reports it to the owner who says he will have it done. The third time the rain does some more damage on his clothes and furniture. He claims that he was away and that he thought that the landlord had already fixed the roof. When asked about it the landlord gives a lame answer and says he will get to it when he can. As a result, Rodgers gets angry and smashes his baseball bat against the wall damaging a socket in the process. When the landlord finally comes to inspect to leak, he notices the other damage on the wall, and the tenant claims it was because of anger. The story now becomes complicated it may seem easy, but it is essential to comprehend that every party is protected by their rights.
There is no information indicating that Larry knew about the leak in the roof and at the same, the reader does not know whether it is a new problem. With this in mind, it is important to note that the tenant is protected by his rights to be provided an inhabitable environment by the landlord. Another right that the tenant enjoys is the right to privacy meaning that the landlord cannot just come into the house without permission or an invitation. An inhabitable environment means access to clean water and electricity and more importantly a roof over the head. The leaking roof is a problem which should be solved, and the tenant is supposed to fix it based on the right requiring him to provide Rodger with a suitable environment to live in.
The tenant, in this case, Rodgers is protected by the constitution whereby he cannot be evicted without prior notice. The notice las...
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