Leg 100 business law

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Leg100 business law

Landlord-Tenant 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).

References

Bregman,D. M. (2015).&nbspMarylandLandlord-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., &amp Ralph Warner, A. (2016).&nbspEveryLandlord`s Legal Guide.Nolo.

UniformLaw Commission Finalizes Revised Uniform Residential Landlord andTenant Act. (2015). Journalof Property Management,80(6),26.

Leg 100 business law

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Leg100 business law

CaseScenario-2

  • Elements of a Legal Contract

A contract in abusiness transaction is established only when there is legal bindingbetween the involved parties in the given transaction. There areseveral types of business contracts that take place in one of theother transaction. These include sale of goods, lease of propertyagreement, partnership agreement, employment contracts, and lease ofplant and equipment etc.

The entireprocess of contract involves a lot of discussion, negotiation,information exchange, offering and acceptance. In order to fulfillthe given contractual conditions, it should complete the details foroffer, acceptance, consideration, and intention of the legalconsequences. A contract is initiated only when one of theparticipating entities offers a contract to the other entity byoffering products or services (Duplessis, 1999).

The researchstudies in law have confirmed that, it is important to analyze casefacts, determine the agreement and consideration, view all theinformation regarding the terms and conditions, and analyze thetiming of contract and breach of contract. This will better help intaking better decisions.

  • Legal Rights of the Tenant and the Landlord

Under such a casescenario, the basic legal rights of the landlord are to provide safeand secure living environment to the tenant. The leakage can be smallor large, but it is the responsibility of the landlord to fix thoseissues and provide a safe living environment to the tenant.

On the otherhand, the responsibilities of the tenant include protecting theapartment and other assets from getting damaged through purposefulintention. The tenant needs to look out for all such things to ensurethat he does not damage any of the assets with his intention orthrough his efforts (Douglas, 2008). An unintentional approach can beneglected, but a purposeful intention to damage will require legalaction to be taken.

If the state ofdisrepair will cause issues to the living people inside theapartment, there could be two solutions available. In the firstalternative, the landlord takes the responsibility of carrying outrepairing activities and solves the issue. And, in the secondalternative, the tenant will carry out the repairing activities andcan ask the landlord later on to repay for it.

Fair wear andtear is a condition that reflects gradual deterioration of thethings. For normal wear and tear, a tenant cannot be holdresponsible. The damages that are done by the tenant through carelessor purposeful intentions can be attributed to tenant. Some of theexamples of fair wear and tear thus, could be:

  • Laundry wearing out

  • Leakage issues of taps and washers

  • Flooring getting worn out

  • Drawing on wallpaper

Hence, it isadvisable to both the entities to first of all focus upon repairingissues. They need to discuss the issue and solve it as soon aspossible. They need to take steps toward maintenance before there isfurther any damage or loss to the apartment. The costs should bereasonable, and hence, should be paid accordingly by either of them.The rent reduction can be discussed until repairs are completed(Koffman &amp McDonald, 2007).

There could evenbe insurance available in case of any severe damage. A 14-day noticecan be provided by the issuer to either of the issuing entity, whichwill count for the number of days required for repairing.

  • Duties of landlord and the tenant to mitigate the damages

To mitigate thegiven damages of the case, it is the responsibility of Larry to fixthis issue at his cost. He is the owner of the flat, and hence, heneeds to look out for all such issues that can cause damage ortrouble to the tenant.

He needs to fixthis issue at his cost. On the other hand, the tenant will be liableto pay for the damages done to the wall and the socket he shouldremain careful and remain calm to handle such situations. It is nothis house and he is not the owner of the house hence, he needs toprotect every asset of the flat at his cost.

As per the CivilCode Section, when landlord rents the apartment to the tenant, whichis a place to live in, there are certain norms to be followed. Therented property first of all should be completely in fit condition tolive in. Secondly, the maintenance issues will be the responsibilityof the landlord he will be required to carry out all the repairswherever required (Kleyn &amp Viljoen, 2002). However, the landlordwill not be responsible for repairing the damage that is caused dueto tenant or tenant`s relatives.

However, thelandlord will be liable for carrying out following responsibilitiestoward the tenant:

  • Effective weather protection of roof and exteriors walls and waterproofing it will include doors and windows

  • All the plumbing facilities should be in appropriate working order

  • Heating and gas facilities should be in proper working order

  • Availability of natural lightning in every room

  • Working smoke detectors

  • Safe emergency exists leading to a hallway or a street

On the otherhand, the same Law applies to the tenant as well. A tenant will berequired to take care of the rented apartment under all conditions.He should ensure that, he will keep all the areas of the flat cleanand in proper condition (Fred, 2010). A tenant will be required torepair the damages caused by him or his guests or his relatives.

He is required toclean the sanitary and other areas of the apartment in goodcondition. He should utilize electrical, gas and plumbing fixturesproperly. He should not destroy or deface or damage any of thepremises under any conditions. He should not remove any part of theapartment, facilities, dwelling unit, or any other equipment.

  • Obligations of Larry

The landlordshould not disturb the possession of the tenant. The landlord cannotenter into the tenant`s suite without prior permission. He shouldensure that, the rental apartment meets the guidelines of the MinimumHousing and Health Standards (Spigelman, 2011). Under theseguidelines, the apartment is required to be a safe living rentalunit.

All the plumbingand heating system should work properly. All the additionalresponsibility of maintenance will reside with the landlord. Hence,under a given case scenario, Larry Landlord is liable to fix thedamages. He is also liable to pay for the damages occurred to theassets and furniture of his tenant Roger. He should remain morecareful and should provide responsible answers to the queries raisedby the tenant.

  • Obligations of Roger

Tenants need tofollow first of all the rules and regulations of the ResidentialTenancies Act or the Condominium Property Act. In addition, he needsto follow all the norms mentioned in the rental agreement. He shouldpay the rent on time. He should keep the rental apartment neat andclean and should damage any of the areas or assets of the flat (Fred,2010).

Further, tenantshould avoid all the illegal activities in the rental apartment.Under such scenario, Roger will be required to pay for the damagesdone to the flat with an intention purpose. He has breached the normsof damaging the rental unit, and hence is liable to pay for thedamages done to the flat.

The given casefocuses upon landlord and tenant obligations, and the report hasprovided information on the responsibilities of both these entitiestoward each other. Further, as per the legal requirements, thelandlord should ensure safety and security of the tenant residing inhis rental flat. He should provide with all the necessities andfacilities that will take proper care of the tenant.

In case of anyissue, the landlord is required to cooperate with the tenant andsolve the issue through mutual understanding and cooperation. Thetenant needs to understand the fact that, the flat is a rentalproperty and hence, he cannot alter anything within it. He cannotbreak or damage any of the assets within given premises (Spigelman,2011).

Further, in caseof any damage or loss, he should immediately contact the landlord andinform him about the issue. The landlord, as a responsible personshould provide response and first of all check upon the primary issuewithin the flat.

The next stepwill be to find an appropriate solution. In a given case, thesolution will be to call for a contractor that will help inpreventing leakage within the flat. The costs and estimated budgetshould be prepared. The landlord should take appropriate time fromthe tenant and within stipulated time he should be able to solve theleakage issue. On the other hand, the tenant should provide verycooperation possible and can even monitor the daily work. It willturn out to be the best alternative for a given case.

Recommendationsand Conclusion

In the case,wherein the tenant or the landlord does not comply with the noticetime period for the remedy, the other entity can contact to theTenancy Tribunal for any assistance. In the case where, tenant hasmade the damage, the landlords can even complain to the Tribunal,without serving the 14-day notice. The Tribunal may even generateoutcomes in the favor of landlord and can instruct the tenant tovacant the rented flat.

Instead ofsearching out for such options, it is more recommendable to look outfor the alternatives that will create a win-win situation. Bothtenant and the landlord should be instructed to follow the guidelinesof solving the damage caused.

They shouldcooperate to each other and instead of running away from theresponsibilities should assist each other in solving the damagecaused. Roger should fix the issues of the wall and the electricalsocket, while Larry should solve the issues of water leakage. Inaddition, Larry should even look out for the options that willprotect his newly renovated flat against rainstorms.

References

Spigelman, J. J.(2011). Contractual Interpretation: A Comparative Perspective.Australian Law Journal, 85(7), 412.

Fred, A. C.(2010). Narrative, Nature, and the Natural Law: From Aquinas toInternational Human Rights. New York: Palgrave Macmillan.

Douglas, E. E.(2008). Common Law Theory, Cambridge Studies in Philosophy andLaw. New York: Cambridge University Press.

Duplessis,L. (1999). An introduction to law. CapeTown: Juta &amp Co. Ltd.

Koffman,L., &amp McDonald, E. (2007). The Lawof Contract. Oxford: Oxford UniversityPress.

Kleyn,D., &amp Viljoen, F. (2002). Beginner’sguide for law students. CT: Juta &ampCo. Ltd.

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