Landlord and Tenant Rules and Regulations
Landlord and tenant rules and regulations are set forth by both the federal and state governments, which explains why they vary from one state to the next. There are, however, shared obligations and privileges between the landlord and the tenant. The landlord has the legal right to collect money from the tenant in accordance with the terms of their lease. Additionally, they are entitled to "good tenancy," which calls for the tenant to honor both the premises they are sharing and their neighbors. This means no damage to the property or dealing in illegal operations in the premises.
Responsibilities of the Landlord
For the landlord's responsibilities, he has to maintain the premises in good and habitable condition. This means he is responsible for all repairs as noticed by the tenant and this should be done in a timely manner (Dowden, 2014).
Rights of the Tenant
For the tenant, he has the right to peaceful living in that the premises should be well fitted with necessities, be secure and well maintained at all times. He also has the right to notify the landlord for repairs that are due and for the amenities he has paid a security deposit for to be honored by the landlord. Karp, Klayman & Gibson (2003) explains that it is the responsibility of the tenant pay rent as agreed without fail. In some states, the tenant is responsible for internal damages that occur during their tenancy and thus should repair them effectively. When leaving the premises, the tenant has the responsibility of returning it as found to the landlord upon which he is entitled to a full refund of the house deposits paid at the start of the lease. Both parties have a right and responsibility to terminate the agreement before the lease expires. However, notice has to be given in due time. In some States, the notice should be three months while in other, one month. Failure on the tenant's parts to do so may accrue some charges more so in rent payable and deposits while for the landlord, it may mean compensation to the tenant. Either way, once notice has been given, the landlord should inspect the premises to ensure it is in good condition prior to the tenant leaving as this is the only way to ensure he or she is not left repairing for damages his not legally obligated to.
Legal Duty to Mitigate Damages
Decide whether or not the landlord and/or the tenant had a legal duty to mitigate damages.
According to Portman & Stewart (2015), mitigation of damages in the rental business means having the legal duty to minimize any damage that occurs from a breach of contract. In most circumstances, it is the landlord who often has to mitigate damages accruing from tenants' refusal to pay rent. Under such a situation, the landlord will either repossess the premises and rent it out to another party or wait until the lease expires then sue the tenant for rent arrears (Portman & Stewart, 2015). However, in the case of Larry and Roger, the latter as the tenant had a legal duty to mitigate damages from Larry's inability to repair the leaking roof. As explained by Karp, Klayman & Gibson (2003), tenants have the legal right to carry out repairs in the premises they are renting should the landlord fail to take action in prompt time. This, however, should be done by a professional contractor if the tenant does not have the necessary skills and experience to do the repairs. Furthermore, they can cut from the rent payable the amount used for the repair work but have to attach copies of the receipt together with the rent paid. Therefore, Roger had a legal duty to mitigate the damages by repairing the roof and cutting the costs from the next month's rent.
Possibility of Eviction
Determine whether or not Larry has legal grounds to evict Roger. Explain why or why not.
According to the rental law, Larry being the landlord has grounds to evict Roger should the latter fall back on his rent, be conducting illegal activities or neighbors complain that he is unbearable to live with. However, since Roger is the model tenant, Larry has no rights to evict him. Dowden (2014) explains that landlords do not have the right to forcefully evict a tenant from housing facilities especially when the tenant has done no wrong or from damaging the property as it was noted with Roger and the baseball bat. On the contrary, it is Roger who has the right to terminate the contract and move out without giving notice to Larry. He is allowed to do so because the tenant has the right to decent living which should be provided for by the landlord. Larry has on several occasions failed to honor Roger's requests for roof repairs and for a tenant whose property has been damaged as a result of this; he should have moved out already. Therefore, Larry cannot force Roger to evict the apartment over the damages he caused.
Liability for Damages
Describe whether or not Roger has a legal obligation to pay for the damage he caused and determine whether or not Larry would be liable for any direct damage.
Given the circumstances over which the damage occurred, Roger definitely has a legal obligation to pay for the repairs. Tenants are expected to maintain the premises in good condition and it is Roger's direct actions that lead to the damage. Unlike the situations as explained by Dowden (2014) that the landlord is obligated to pay for wear and tear repairs while a tenant is occupying a premises, the damage, in this case, is not wear and tear. It is a direct reaction to Larry's response towards Roger's requests. Therefore, it can be argued that Roger should have controlled himself and not let Larry get to him.
In consideration of Larry, he has no obligation for any direct damage. His only problem is ignoring Roger's requests over and over. The best reaction the tenant should have given to Larry is to withhold the rent or do the repairs. Withholding rent is acceptable in situations where the tenant has over several times made requests for the landlord to honor with fail (Dowden, 2014). And since Roger has in writing the requests, these will serve as evidence of Larry's failure to respond positively. If the damages were as a result of the leaking roof, then Larry would have been responsible for the associated costs because any damage that occurs due to negligence on the owner's part, it is their responsibility to honor the repairs (Portman & Stewart, 2015).
References
Dowden, M. (2014). “Rent Review 2014”, Journal of Property Investment & Finance. 32(5). http://dx.doi.org/10.1108/JPIF-05-2014-0034
Karp, J., Klayman, E. & Gibson, F. (2003). Real Estate Law. Chicago: Dearborn Real Estate
Portman, J. & Stewart, M. (2015). Every Tenant’s Legal Guide. California: Nolo
