Landlord-Tenant Law Final.docx - Running head...

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Running head: LANDLORD-TENANT 1 Landlord-Tenant Law Instructor: LEG 100: Business Law I March 12, 2017
LANDLORD-TENANT 2 Landlord-Tenant Law In the case between Larry Landlord and Roger Renter the question arises who is responsible for the damages to the apartment during rainstorms and a leak in the roof. For the damages caused by the roof Larry would be responsible and the damage caused to the wall by the baseball bat would be the responsibility of Roger. With these two types of damages being laid out before a court Larry would still pay more in damages but both parties are liable for their own irresponsibility. Roger should have kept control of his temper and not thrown the bat at the wall. Larry should have fixed the roof when it was first brought to his attention. There are three areas that make up the Landlord-Tenant Law. These areas are property, contract, and negligence. Tenancy is when an owner of a property allows another person temporary, and exclusive possession of a property. The owner of the property is the landlord and the person who is allowed to possess the property is the tenant. A leasehold has been conveyed from the landlord to the tenant for the temporary possession of the property. A contract is made between the landlord and the tenant that describes the responsibilities of the landlord and the tenant for the property. This contract also lays out the liability for any injury to person or property during the lease of the property. In most cases the lease should be in writing so that any kind of misunderstanding can be avoided. At the least a lease must have the names of the parties involved and the property to be leased out and the length of the agreement and the amount for rent in the agreement. Most lease agreements will also have covenants and conditions. A covenant is the same as a promise to do or not to do something. A condition is similar to a covenant except that with a condition the landlord has the ability to evict someone for breaking a condition of the lease. In this case the lease is not the issue all parts of the contract seem to be in order (Samuelson, B, 2016).
LANDLORD-TENANT 3 In most states the Landlord-Tenant Act is an act that gives both parties in a rental agreement primary rights and responsibilities that should be upheld. These rights are usually the rights that are not usually waived in any rental agreements. Some of these rights are the right to

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