Leg 100 business law
Landlord- Tenant Law
1. Explore the legal rights and responsibilities of the tenant and the landlord
For peace to prevail within any given society, there is a need for a system of laws to govern and control how people interact with one another (Portman, Stewart, Warner & Ralph, 2016). In light of this task, the discussion seeks to explore the legal rights and responsibilities of landlords so as to establish the extent to which both Larry the landlord and Roger the tenant should be held culpable for the unfortunate happening. Undoubtedly, the federal legislation and the state laws clearly stipulate guidelines on all matters pertaining to the landlord and their tenants as well as their properties.
Under the Landlord-Tenant Act, the law has provides various legal rights and responsibilities for the landlords and their tenants (Uniform Law Commission Finalizes Revised Uniform Residential Landlord and Tenant Act, 2015). For instance, tenants have the obligation of paying or submitting their rent on a timely basis which can be weekly, monthly or any period defined by their agreement. Apart from the rental contract, tenants are expected to pay a security deposit. They are also liable for any other charges outlined in the lease. These responsibilities include paying water and electricity bills. On top of that, tenants’ should cater for other amenities such as garbage collection as well as sewage construction or maintenance (Portman et al, 2016). Equally important, it is the legal right of the residents to be guaranteed a peaceful dwelling. Their security and that of their property should never be compromised (Uniform Law Commission Finalizes Revised Uniform Residential Landlord and Tenant Act, 2015). The tenants should not be subjected to any form of intimidation or harassment from the landlord. It is the sole responsibility of the tenants to keep the property in good condition. They should be held accountable for any damages which might occur once they have signed the rental agreement. Besides, Roger has the legal right of vacating the premises anytime provided that he gives a prior notice with possible financial implications based on the previous lease agreement.
On the other hand, it is the responsibility of Larry the property owner to ensure that Roger has a clear understanding of their residential contract. Larry can only enter or access the residential houses with a prior notice and consent of Roger. This mostly happens if the tenant makes a request to the landlord to repair or renovate the premise. Larry is also expected to maintain ownership of the apartment and fulfil Rodger’s needs in time to avoid any inconveniences. Additionally, it is the legal right of the landlord to collect rent on agreed dates (Crump, 2014).
2. Decide whether or not the landlord and/tenant had a legal duty to mitigate damages
Understandably, both Larry and Roger have the legal compulsion of mitigating damages on the premises. It is the responsibility of Larry to ensure that the rental units are safe, habitable and comfortable. Also, it is the legal duty of Roger who is the occupant to alleviate any damages that might occur for the entire period he is expected to stay within the premises (Crump, 2014). Roger should be held responsible for any damages inflicted on the residential buildings either intentionally or unintentionally. In this particular situation, Roger informed Larry the landlord about the small leak. However, the problem was not addressed in time. Therefore, it was Larry’s legal obligation to act upon the complaint raised by his tenant to mitigate any possible damages (Bregman, 2015). Despite the fact that Larry should be accountable for all the damages caused, he might still argue that Roger breached their rental agreement by throwing a baseball against the wall resulting in its destruction. Under this particular scenario and interpretation of the law, there is a high probability for the court to hold both parties liable for their negligence (Crump, 2014).
3. Whether or not Larry has legal grounds to evict Roger
Larry has a legal basis to evict Roger because he did not meet the terms agreed upon leasing the property. Ordinarily, it is illegitimate for an individual to break any contract as long as it is recognized by the statutory rules and regulations. Roger was expecte...