Landlord-Tenant Law Week 10 Assignment.docx - Running head...

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Running head: LANDLORD-TENANT LAW 1 Landlord-Tenant Law Shauna M. Frierson LEG 100: Business Law I Professor Chester Galloway December 5 th 2016 :
LANDLORD-TENANT LAW 2 Landlord-Tenant Law Tenants and landlords both have specific rights and responsibilities when entering a landlord/tenant contract. Failure to comply with the responsibilities can result in eviction of the tenant or failure of payment to the landlord. In the case or Larry Landlord and Roger Renter both parties have rights and responsibilities as well. Larry Landlord neglected certain duties as the landlord, and therefore should be responsible for some, if not all the damages caused by the leaky roof. To determine who is liable for what in the Larry/Roger scenario, we first need to explore the responsibilities and rights both parties have. Let’s first look at Roger Renter. As a tenant, Roger doesn’t have as many responsibilities as Larry Landlord may have. Larry must be compensated for giving Roger use of the premises, therefore, Roger’s primary obligation is to pay rent. When a lease is drawn up, it typically lists what the premises is to be used for and Roger has a duty to use the premises accordingly. If the lease is a residential lease, Roger is prohibited from any commercial or industrial use of the property. As a tenant, Roger can be held liable for any damages that he causes to the property, intentional or unintentional. Now that we have discussed Roger’s responsibilities, let’s discuss his rights as a tenant. In exchange for paying rent, Roger has the right to live in a decent dwelling. The residence should be meet habitable standards and housing codes for those residing within it. Roger also has the right to privacy and “quiet enjoyment”. Quiet enjoyment is the right to reside in the property in peace. He has the right to use the property without the interference of Larry Landlord. Although Larry, legally, is entitled to a key to the premises, he must give Roger proper notice
LANDLORD-TENANT LAW 3 and have a legit reason for entering the premises. The only exception would be in the event of an emergency that may cause damages to the property or some type of injury. Larry Landlord’s first main responsibility is to “deliver possession”. Larry has the duty to make sure that the apartment he is renting out is available to his tenant at the beginning of the tenancy as detailed in the lease. Typically, it is the landlord’s duty to produce a written lease including covenants and conditions. Covenants within leases are basically promises, from either the landlord or the tenant, to do or to not to do something. Conditions generally protect the landlord and can legally allow the landlord to evict a tenant if it is broken. Landlords have the

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