Landlord-Tenant Law (Essay Sample)

Landlord-Tenant Law
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Landlord-Tenant Law
For a society to co-exist there is a need to be a system of laws governing the relationship between people. Tenancy laws govern the relationship between a tenant and the landlord. In the following scenario, Roger rents a premise from Larry. However, he notices a flaw in the roof but Larry confirms the premise has never leaked. Following a storm, Roger confirms that the roof leaks. Though he informs and requests Larry to repair the roof he delays causing the rains to effect more damages. Roger is aggrieved by the delay and angrily throws his baseball bat damaging one of the walls. Eventually, he vacates the leaking room taking no remedial measures to revert the situation. This essay seeks to explore the legal rights and responsibilities of tenants and landlords, so as to determine the extent to which the two parties may be held accountable for the unfortunate outcome.
The law provides for the tenant to inspect the rental premises to ensure it meets their specifications before entering into an agreement. After the signing of the agreement, the tenant is entitled to a peaceful and private occupation of the rented premise. Notably, if the landlord intends to effect maintenance, the law provides that they give substantial notice time (Beatty, Samuelson, & Abril, 2016). Tenants are also entitled to withhold rent payment, in case the landlord neglects his obligation to address the concerns of the tenant. For landlords who require payment of security deposit, tenants have the right to be refunded the full amount of deposit, if no damages occurred out of negligence during the tenancy. It is the responsibility of the tenant to keep the premises in a good and habitable status. Additionally, they should ensure peaceful coexistence with the neighbors. Importantly, it is the obligation of the tenant to pay the rental fees on time.
The tenant should also inform the landlord of any damages that need attention and is entitled to compensation if they execute such repairs if landlord delays in effecting such repairs. Notably, tenants should be aware that payment of penalties for the lateness in rent payment is not provided for in the tenancy laws. Tenants are also protected from retaliation by landlords as a result of exercising their legal rights that may seem injurious to the landlord (General, & Swanson, 2012). Importantly, for both termination of tenancy and eviction, the landlord is obliged to give prior notice to the tenant. However, this can only be effected if the tenant fails to abide by the provisions of tenancy. The tenant is also entitled to disclosure about the health and safety situation of the premise as assessed by the housing board. Additionally, the obligations of the tenant should be explicitly stated in regards to payment of utilities.
Tenants are also protected from malicious exclusions and confiscation of property by the landlord. Tenants occupying tax paying units are also entitled to a tax credit that is a form of tax relief. Additionally, tenants are protected from any form of discrimination by the landlord either before tenancy or during the tenancy. On condominium conversion, the law requires that the tenant is given priority to buy the condominium or adequate time to relocate. The tenant is also accountable for any damages caused by the guests to the premises (Beatty, Samuelson, & Abril, 2016). Importantly, it's the obligation of the tenant to abide by the specifications of the agreement including the limit of persons occupying the premises. Notably, the premise may not be used for any other purpose rather than the one specified in the agreement.
It is the role of the landlord to ensure that the premise is in a good and habitable condition before renting it out. In this connection, the law provides that the landlord complies with the health and safety codes. It is the role of the landlord to receive rental payments for the rented premises. Additionally, the law requires the landlord to effect any repairs after receiving notification from the tenant (Brown, Warner, & Portman, 2015). Notably, the landlord should give prior notice to the tenant if he wishes to inspect the premise. In this connection, the landlord should only visit the premises during the working hours, between 8 A.M and 7 P.M.
The landlord may also increase rent at his discretion after giving prior notice to the tenant. For adamant tenants, the landlord is entitled to physically evicting them by hiring the services of a constable and a moving company. Landlords are entitled to a security deposit to cover the cost that incurred during the tenancy or any due rent after termination of the tenancy. It is the responsibility of the landlord to keep all the utilities in good condition. However, the law provides for an agreement with the client for payment of utilities such as water, telephone and electric bills.
The landlord is also entitled to prior screening to determine the credit worthiness of the tenant before effecting the tenancy agreement. It is the responsibility of the landlord, on request, to modify the premise so as to suit the needs of a tenant with a disability. However, the tenant should compensate the landlord for effecting such modifications. The tenant should give full disclosure of aspects that pose a risk to the tenants' health including chances of carcinogenic materials and lead painting (Stewart, Warner, & Portman, 2014). Importantly, it is the obligation of the landlord to protect the tenant's property by subscribing to an insurance policy to cover the premises. Additionally, it is the obligation of the landlord to issue an official receipt for any rent paid. It is the role of the landlord to ensure that the premise is in a habitable state when the tenancy matures.
Employing the findings from the discussion above, it is clear that both Larry, as well as Roger, had a legal duty to mitigate the damages caused by the rains. This arises from the fact that the landlord is legally required to effect repairs as reported by the rent. Additionally, he is required to effect regular checks on the habitation condition of the premises. On the other hand...