House Lease section 11, Damage to Premises, “If Landlord shall decide not to rebuild or repair, the term of this Lease shall end and the rent shall be prorated up to the time of the damage.” It is also stated in section 14-C, Maintenance and Repair, “Landlord shall use its best efforts to repair or replace such damaged or defective area, appliance or mechanical system.” Therefore, Juan should be able to receive the remaining pre-paid rent and the complete security deposit back. For instance, if the mold condition has gone worse, Juan could face “constructive eviction”. On page 504, in the ninth edition of Business Law, a constructive eviction occurs when the landlord wrongfully makes the tenant’s use and enjoyment of the property exceedingly difficult or impossible. On the other hand, the case between Bill and his landlord, Zuzanne also has a interesting case. The clause I will be analyzing is section 21, Abandonment from the contract. Since Bill decided to move out before the end of the lease, he failed to meet the agreement that he and his landlord has made. Zuzanne has the right to collect all the remaining rent from Bill, she can also
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- Spring '17
- landlord, Leasehold estate, Rental agreement