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MARCH 2009 BUSINESS LAW CHAPTER 51 DEBRA BARONE ANSWERS TO QUESTIONS AND CASE PROBLEMS 1. The law states that if a landlord fails to install a smoke detector on his leased premises it constitutes a hazard. A tenant of leased property is protected by this law. I would say the owners of the apartment complex are liable. 2. The court found in favor of Moorehead. A landlord is obligated to provide a dwelling that is habitable. If the landlord does not, the tenant does not have to pay the rent. 3. Yes, Rod has to pay the rent. He sub-letted the apartment but he is still liable under the original lease. 4. No, she can not recover. A person who sublets is not liable. 5. The landlord would be liable if he/she knows of a dangerous situation and did not take precautions. It would have to be proven in court that the landlord could foresee that this could happen. The maintenance worker’s observations can not hold up in court as he did not foresee the danger or could have prevented it. 6.
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This note was uploaded on 04/22/2011 for the course FINANCE BUSINESS L taught by Professor Daviddubois during the Spring '09 term at SUNY Empire State.

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