Tenants Versus Landlords Research Assignment Paper (Essay Sample)
I will do the cover page.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:
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.
Tenants versus Landlords
Tenants versus Landlords
Over the past decade, cases between the landlord and the tenant have been on the rise in the courts. This is because some people feel they have cheated out of a contract by the Landlord while others feel that they are not getting what they initially signed up for. There have been cases where people have moved into houses that have previously existing conditions without their knowledge but unknown to them the landlord have full awareness of the situation. Instead of fixing the situation the owner tries to blame it on the tenant to avoid the fixing charges. This seems to be the case in the exempt provided where Rodger moves into a house that has a roofing problem without his knowledge. When he asks the landlord Larry about the roof, he claims that he has never received any complaints about the ceiling. Come the rainy season Rodger suffers a leaking roof together with the damage of his goods and possessions. When he confronts Larry, he is angry with his answer and as a result, causes some damage in the house because of the ignorant answer he receives. When Larry finally comes to inspect the complaint he finds something in the interior destroyed. After the discovery of the damaged thing in the house the two come into a confrontation and a third party is needed to mediate the situation.
The situation may not seem that complicated, but it is because each side is protected by the constitution and each has roles and responsibilities. The landlord has the right to provide a contract on the conditions that the individual must maintain and the rules of living in the house. If Rodger agreed to sign the contract, then he is bound by it, and he cannot leave the house. At the same time, he cannot be kicked out since he is protected by the constitution. As the tenant Rodger is entitled to the following rights;
He has the right to a quite environment and if there is too much noise from the other tenant he can inform the landlord. If that fails to work, he can then file a formal complaint. This means that the tenant, in this case, Rodgers has the right to live in a calm environment as he wishes. The landlord is obliged to take action if the complaint is made to him to make sure that the tenant is comfortable in his house. The tenant is also entitled to a total reimbursement for any repairs done that are considered to be the responsibility of the landlord (Davidson, 2016). This is an important right that ultimately protects the tenant whereby if one notices some damages on the premises and are the responsibility of the owner he can fix the problem then wait for the refund. The tenant is also entitled some time on the notice before they can be evicted from the premises and this also another essential clause that protects the tenant ("Tenants’ rights and obligations", 2017). This means that before the tenant is evicted, he must be provided adequate time for preparation not just waking up and kicking out a tenant. The landlord is also protected by some rights, for instance, he has the right to ask for security deposits from the tenant. He also has the right to draft a contract which the tenant should follow and breach the contract has some consequences.
As earlier mentioned the tenant has the right to seek a refund for any of the repairs he has done. Before he can take action and start the repairs, he needs to inform Larry who has the final say (Lee & Waterson, 2012). In this case, Larry has proven to be ignorant and rude when asked when he is going to do repairs. The tenant Rodger is already losing his possessions as a result of the leaking roof. It has been reported that some of his furniture and clothes have been destroyed because of the ceiling. This is enough for him to take action and repair the roof then seek for ...
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