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Landlord-Tenant Law: Smooth Relationship of People

Essay Instructions:

Larry Landlord has recently renovated an apartment and has put it on the market to be rented for $800.00 a month. Larry Landlord has been in business for approximately five (5) years and has had both positive and negative experiences with tenants. Larry Landlord is hoping to find a good, long-term tenant for his apartment. Roger Renter saw Larry's sign for the apartment for rent and thought the location and the apartment would be perfect. Roger met Larry to look at the apartment and Roger fell in love with it. All of the interior fixtures had been replaced and the unit had a nice large closet. Roger noticed that although newly painted, the exterior of the apartment did show a little bit of wear. Because of the condition of the exterior of the building, Roger asked Larry about any roof leaks. Larry stated that he had never had a leak and was not aware of any leaks.
Roger and Larry entered into a valid contract for the rental of the apartment. (Note: The issue of whether or not a contract exists is NOT part of this question. For purposes of this question assume the contract is valid and there are no issues with the contract.) 
Roger Renter was very happy in his new location; the apartment was quiet and the neighbors were friendly. Larry Landlord was also very happy because Roger Renter was a model tenant. Roger Renter paid on time and was quiet and respectful to other tenants.
The part of the country where Roger rented was rainy in the summertime. Roger rented and moved into the apartment in October. In June, a tremendous rainstorm occurred and Roger's roof began to leak. The leak was minor at first and Roger merely put a trash can under the leak and had no other issues that month. When handing over his monthly rent check, Roger told Larry about the small leak. Larry thanked Roger for letting him know about the leak and told Roger he would have it fixed. 
The next month the rains came again and the leak grew larger in Roger's apartment. Roger was not home at the time of the rain and therefore the leak damaged some of Roger's furniture. Roger called Larry to let him know that there was a leak and asked when it might be fixed. Roger also stated that he thought Larry had fixed the roof. Larry curtly stated, “When it rains, sometimes it pours. When it pours, sometimes it leaks.” Roger did not like Larry's tone or response and called back to ask when the roof might be fixed. Larry stated, “When I get to it.” The following day, Roger sent Larry a note about the roof leak and asked Larry to please address the issue.
The week before the rent was due, another rainstorm occurred and the leak was even larger. This time the leak damaged Roger's clothing, furniture, and some precious items he had inherited from family members. Roger called Larry and asked Larry to fix roof immediately. Larry responded in a similar and condescending manner. Roger hung up the phone and threw his baseball bat against the wall, damaging the drywall and knocking out an electrical socket. 
Since it was the rainy season, Roger knew it would rain again and therefore simply moved his items away from the leak and did nothing to help mitigate the damage from the leaking roof.
Larry came into the apartment to investigate the leak and found damage from not only the leak but also from the thrown baseball bat. Roger states that the baseball bat damage was a direct result of Larry's inability to fix the leak based on his anger from Larry's curt response. 
Suppose you are a mediator. In five to seven (5-7) pages discuss the rights and responsibilities of the landlord and the tenant in which you:
Explore the legal rights and responsibilities of the tenant and the landlord. 
Decide whether or not the landlord and / or the tenant had a legal duty to mitigate damages. 
Determine whether or not Larry has legal grounds to evict Roger. Explain why or why not. 
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. 
Support each response with facts presented in the scenario.
Use proper legal terminology throughout your responses. 
Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as quality academic resources.
Format your assignment according to the following formatting requirements:
Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
Include a cover page containing the title of the assignment, the student's name, the professor's name, the course title, and the date. The cover page is not included in the required page length.
Include a reference page. Citations and references must follow APA format. The reference page is not included in the required page length.

Essay Sample Content Preview:

Landlord-Tenant Law
Student’s Name
Institutional Affiliation
Landlord-Tenant Law
The society is governed by a set of rules and regulations that ensures that there is smooth relationship of people. One of such rules and regulations is the Tenancy Laws that regulates the landlord-tenant relationship. From the scenario, Larry leases his premise to Rodger who notices a flaw on the roof when he was inspecting the premise but Larry denies any leaks in the past. Roger requests Larry to repair the leak but he delays and more damage is caused during the rainy season. Roger gets angry and throws his baseball bat to the wall damaging it after Larry takes long to repair the roof. Roger decides to leave the leaking room without taking any efforts to mitigate the damages. This paper explores the rights and responsibilities of both the landlord and tenant as an effort of establishing the extent both parties should be held accountable for the damages.
The landlord and tenant must sign a rental agreement that outlines the responsibilities and rights of both parties. These rights and responsibilities are provided by the Landlord-Tenant Act. The tenant is entitled to the following responsibilities according to the Tenancy Law. The tenant must pay the agreed rent in time within the agreed circumstances. Additionally, he must pay a security deposit for the charges that are outlined in the agreement. These charges may include garbage collection and utility costs. However, despite having a responsibility to pay rent in time, the tenant has a right to withhold rent in case the landlord does not perform his duties as required by the law (Rasila, 2010). The tenant also has a responsibility of keeping the property in good condition and they will be responsible for any damages that is caused to the premise once they enter into the agreement. Additionally, under the Landlord-Tenant Act, the tenant is entitled to some basic rights as a human being. He is entitled to a peaceful dwelling that is free from harassment by the landlord. This is the right that is being used to refrain the landlord from entering into the premise without the consent of the tenant and prior notice. In case of any repairs and entries, they must be made at convenient time (Bright. 2007). However, this right is abolished in case of any emergency only. Also, the tenant has another right to vacate the premise at any time with possible financial penalties based on the type of agreement that was agreed between the involved parties. Before vacating the premise, the tenant is expected to give a notice to the landlord to avoid any possible penalties.
Though the tenant has many rights similar to those of the landlord, the owner maintains ownership of the property being rented. The landlord has a right to collect rent on the agreed time. As part of the agreement, the landlord has the responsibility to return the security deposit to the tenant in case he vacates the property. A full refund is expected if the property is returned in the same condition in which it was during the time of the agreement. Additionally, when refunding the security deposit, it must be ensured that all rents are current, the tenant does not owe the owner of the property any monetary funds. Also, the landlord assumes the responsibility of ensuring that the property is renovated and repaired as per the requirements of the tenants. In case the tenant repairs the property on his own, the landlord is expected to pay him those damages due to his negligence. In c...
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