Leg100 business law
1.Explore the legal rights and responsibilities of the tenant andthe landlord
Forpeace to prevail within any given society there is a need for asystem of laws to govern and control how people interact with oneanother (Portmanet al, 2016).In light of this task, the discussion seeks to explore the legalrights and responsibilities of landlords so as to establish theextent to which both Larry landlord and Roger tenant should be heldculpable for the unfortunate happening. Undoubtedly, the federallegislation and the state laws clearly stipulate guidelines on allmatters pertaining to the landlord and their tenants as well as theirproperties.
Underthe Landlord-Tenant Act, the law has provided various legal rightsand responsibilities for the landlords and their tenants (UniformLaw Commission Finalizes Revised Uniform Residential Landlord andTenant Act, 2015).For instance, tenants have the obligation of paying or submittingtheir rent on a timely basis which can be weekly, monthly or anyperiod defined by their agreement. Apart from the rental contract,tenants are expected to pay a security deposit. They are also liablefor any other charges outlined in the lease. These responsibilitiesinclude paying water and electricity bills. On top of that, tenantsshould cater for other amenities such as garbage collection as wellas sewage construction or maintenance(Portman et al, 2016).Equally important, it is the legal right of the residents to beguaranteed a peaceful dwelling. Their security and that of theirproperty should never be compromised (UniformLaw Commission Finalizes Revised Uniform Residential Landlord andTenant Act, 2015).The tenants should not be subjected to any form of intimidation orharassment from the landlord. It is the sole responsibility of thetenants to keep the property in good condition. They should be heldaccountable for any damages which might occur once they have signedthe rental agreement. Besides, Roger has the legal right of vacatingthe premises anytime provided that he gives a prior notice withpossible financial implications based on the previous leaseagreement.
Onthe other hand, it is the responsibility of the Larry the propertyowner to ensure that the tenants have a clear understanding of theirresidential contract. Larry can only enter or access the residentialhouses with a prior notice and consent of Roger and other occupants.This happens when the tenants have requested for a repair orrenovation of the premise. Larry is also expected to maintainownership of the apartment and fulfil the needs of the residents intime to avoid any inconveniences. Additionally, it is his legal rightto collect rent on agreed dates (Crump,2014).
2.Decide whether or not the landlord and/tenant had a legal duty tomitigate damages
Understandably,both theLarryand theRoger havethe legal compulsion of mitigating damages on the premises. It is theresponsibility of theLarry toensure that the rental units are safe, habitable and comfortable.Also, it is the legal duty of the tenants to alleviate any damagesthat might occur for the entire period they are expected to staywithin the premises (Crump,2014).They should be held responsible for any damages inflicted on theresidential buildings either intentionally or unintentionally.Nonetheless, in this particular situation, RogerRenter ???informed Larry the landlord about the small leak. Even after theproblem persisted andRoger notifying the landlord [unclear part, grammar is off], theissue was still not addressed. Therefore, it is the legal obligationof the Larry to take urgent measures to repairthe requests[rephrase, one can’t repair requests] of their[who is their? Larry is one person] tenantshence mitigating damages(Bregman, 2015).Despite the fact that Larry should be accountable for all the damagescaused, he might still argue that Roger breached their rentalagreement by throwing a baseball against the wall resulting in itsdestruction. Under this particular scenario and interpretation of thelaw, there is a high probability for the court to hold both partiesliable for their negligence (Crump,2014).
3.Whether or not Larry has legal grounds to evict Roger
Larryhas a legal basis to evict Roger because he did not meet the termsagreed upon leasing the property. Roger was expected to keep therental unit in good condition. However, after numerous failedrequests of having the roof leak repaired, he got angry when herealized that his furniture, clothes and precious items which wereinherited from family members had been destroyed (UniformLaw Commission Finalizes Revised Uniform Residential Landlord andTenant Act, 2015).Roger,has [punctuation]the legal right to demand compensation for the damages owing to thefact that he had notified Larry about the problem. Nevertheless,Larry the landlord has legal support to evict Roger by following thevarious laws set by the state so that he doesn’t violate any tenantrights [punctuation]
4.Whether or not Roger has a legal obligation to pay for the damage hecaused and if Larry will be liable for any direct damage
Asit has been previously noted, it is the duty of Roger the tenant toensure that the premise or rental unit is maintained and in goodcondition. Therefore, he has the obligation of refraining from anyactions which might result in the destruction of the property(Uniform Law Commission Finalizes Revised Uniform ResidentialLandlord and Tenant Act, 2015).For that reason, Roger has the legal commitment of paying for thedestruction of the electric socket as well as the drywall. Similarly,Larry will also be accountable for any direct damage as a result ofignoring requests raised by Roger for the leak to be repaired.Therefore, Larry has the obligation of compensating Roger for thedamages because of his negligence and failure to repair the leak intime (Crump,2014).
Bregman,D. M. (2015). MarylandLandlord-Tenant: Practice and Procedure.LexisNexis.
Crump,D. (2014). Should the commercial landlord have a duty to mitigatedamages after the tenant abandons? A legal and economic analysis.WakeForest Law Review,49(1),187-205.
Portman,J., Stewart, M., Warner, R., & Ralph Warner, A. (2016). EveryLandlord`s Legal Guide.Nolo.
UniformLaw Commission Finalizes Revised Uniform Residential Landlord andTenant Act. (2015). Journalof Property Management,80(6),26.