In knew about it. Larry failed to act in

In
conclusion, both parties are responsible for their share of the damages to the
property.  Roger gave Larry notice about
the leak and he failed to fix the roof to stop the leaking.  Roger caused damages to the property out of
anger, which he could be evicted for. If this case was to go to court, the
judge would rule in favor of the renter. 
If Larry had fixed the problem in a timely manner, the damage to the
wall that Roger caused would have never happened. 

 

Larry
is responsible for the damages that the leak caused to Roger’s personal property.  Roger gave Larry several notices about the
leaks as so as he knew about it.  Larry
failed to act in a timely manner before Roger’s property was damaged.  Larry has a duty to not only fix the leak,
but also provide money or some sort of compensation for Roger’s personal property.  The compensation can be in the form of
lowering his rent or replacing the damaged items.

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Both
parties are responsible for the damages that occurred. Roger is responsible for
the damages that he caused to the apartment from throwing the baseball across
the room. Even though he throw the bat because of the anger from Larry not fulfilling
his obligations.  Larry can collect on
the damage that Roger caused by either taking the cost of repairs out of his
security deposit or taking Roger to court to recover the cost of the
repairs. 

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.

 

Technically
speaking, Larry does have the right to evict Roger.  Roger damaged his property out of anger.  Larry’s failure to maintain the property was
the reason for Roger’s anger. Although, it would not be wise of Larry to evict
him, if Larry doesn’t want to be sued. Roger could be evicted on the grounds of
duty to use the premises properly. The tenant is liable to the landlord for any
significant damages he causes to the property. 
The landlord may collect the cost of repairs by either using the
security deposit or by suing for the cost. If Larry was to evict Roger, he
would have to give Roger at least a 30 day notice and reasons why he is
evicting him.

Determine
whether or not Larry has legal grounds to evict Roger. Explain why or why
not. 

 

            The duty to mitigate damages is to keep the losses to a
minimum by properly seeking another tenant. 
Both the tenant and the landlord has the right to mitigate damages.  In the case of Roger Renter and Larry
Landlord, Roger Renter has the right to mitigate damages. Roger’s property was destroyed
because Larry failed to maintain the premises. 
Roger could have moved out without notice to Larry, he could have not
paid his rent or not paid on time and taken legal action against Larry to
recover money and property that was lost due to Larry’s negligence.   Roger
has been the model tenant, he has paid his rent on time and had never caused
any problems for Larry. 

Decide
whether or not the landlord and / or the tenant had a legal duty to mitigate
damages.

 

            While the landlord has certain duties the tenant has some
duties as well.  One of the most
important duties of the tenant is the duty to pay the rent. The rent is monies
that is owned to the landlord for the tenant to live in or on his property. This
is usually set up at the beginning of interaction between the landlord and
tenant, and usually is the determining factor in most agreements.  The tenant is responsible for any late
payments that may occur from not paying the rent on time. The tenant can be
evicted if payment is not received and legal action can be taken in order to receive
payment and any interest. 

            The landlord has the right to evict any tenant that has
breached their end of the agreement.  The
landlord has to provide the tenant with a notice and reason for the eviction.  The landlord can take the tenant to court to retrieve
any monies that are due to them.  The landlord
has a duty to maintain the premises. 
This means that the premises has to be in a habitable condition and stay
in a habitable condition as long as the property is being rented out. The
landlord has to repair any damages to the property.  The property must stay in the updated with
building codes. These codes are set by state and government, which mandates
minimum standards for commercial and residential property.

            The Landlord-Tenant Act is different
in each state, the laws provide provisions, obligations and rights to both the
landlord and the tenants. The landlord has specific duties, such as; the duty
to deliver possession. This duty is to make the rental space available to the
tenant.  When the space becomes available
the landlord has the right to ask for up-front payment. This is usually called
a security deposit. Most landlords use the security deposit to hold the property
for the tenant.  Some landlords refunded
the deposit after the agreement has come to a proper end, assuming the tenant
is not evicted.  Other duties that the
landlord must comply with is that all tenants are entitled to quiet enjoyment
of the premises. This means that the tenant has the right use the property
without interference of the landlord.  It
is also the sole responsibility of the landlord to repair and renovate the
properties as advised and needed by the tenants. While most renovations are
carried out as needed after a tenant moves out, repairs can and should be
conducted on an as-needed basis. The landlord is also expected to pay for and
repair any damages that a tenant has incurred on the property due to the
negligence of the owner. This includes normal wear and tear caused by the
regular use of the property, both inside and out. If the landlord fails to fulfill
this obligation, the tenant can then withhold their rent and seek out legal
assistance to remedy the matter in court.

Explore
the legal rights and responsibilities of the tenant and the landlord. 

 

 

            In the case of Larry Landlord and Roger Renter, they
entered into a lease or rental contract. The amount was set at $800.00 a month
for the rental property.  Roger Renter
was happy with the location, but concerned about the exterior of the
property.  Roger asked Larry about the
exterior and was assured that the property had never had any leaks in the roof.
Larry was happy as well because Roger was a model tenant.  He paid his rent on time and never caused any
problems with the other tenants.  A few
months in and Roger noticed a leak from the roof. He advised Larry of the leak
and no action was taken by Larry to fix the issue.  The issue continued and eventually the leak
was so bad that Roger’s personal property was damaged. Roger advised Larry and
he never fixed the issue. Roger was outraged and throw a baseball bat against
the wall, resulting in a hole in the wall. 
Larry comes to fix the leak and sees the hole in the wall. Now who is responsible
for the damages to the property?

                In
2016, the rental market made up about 36.6 percent of the housing market.  Many find that it is easier to rent than to
be a home owner. Many lack the knowledge and understanding of rental contracts
or agreements. There are specific laws that landlords and tenants need to
adhere to. This law is the Landlord-Tenant law, when an owner of a freehold
estate allows another person temporary, exclusive possession of the property,
the parties have created a landlord-tenant relationship.  Upon entering into this relationship the two
parties create a legal document called a lease or rental agreement. There are
different types of leases or rental agreements. 
The lease or agreement will set forth the rules and duties for each
party.  If any party breach there responsibilities
or not adhere to them, then legal action can be taken.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12/12/17

Introduction to
Business Law

Prof. Francis Hatstat

Tiffany Hopkins

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