Landlord-Tenant Law”Landlord-Tenant Law governs the rental of commercial andresidential property. It is composed primarily of state statutes and common law”(Staff, 2007). Different states have their own rules, regulations, statutes andlaws. They are all put in place by the Uniform Residential Landlord and TenantAct or Model Residential Landlord Tenant Code. All tenants have a right to safe environmentand are in their legal rights to demand repairs to the property, especially ifthey could cause further damage to the property or to the tenants’ privateproperty. The Landlord should repair damages within a reasonable time of the tenants’notice. At no time should the tenant refuse to pay rent until the damages areresolved.
The tenant might have a right to compensation for damages to his ownpersonal property if the damage was caused by a delay in repair by thelandlord. Rights and Responsibilities of Landlords andTenantsWhen you have a binding agreement between a Landlord andtenant, you are bound by specific housing laws. Different states have differentlaws and statutes, but all and all, they are formed around the same principlesand rules. Landlords have to comply with state requirements and housing codesand must ensure that nothing affects the renter’s health and safety. Anyrepairs needed in or on the grounds of the property must be fixed and done sowithin a respectable amount of time, to ensure that no harm is done(Kissam,2006). Mr. Landlord did not address the roof leak in a reasonableamount of time, which in turn lead to damage to the property and damage to the renters’property. All common areas shall stay in a clean and safe condition.
A Landlordhas a right to put whatever he/she pleases into a lease agreement as long as Itis fair and moral. He/she can request that they require that a tenant buysrenters’ insurance before moving into the property, so that the renters arecovered for any unforeseen damage to their personal property. A landlord cannotdiscriminate against age, sex, gender, race, or religion, this is prohibited bythe fair housing laws. The landlord cannot turn off utilities in order to getrent from the tenant. Landlords have rights just as much as the tenant does. Theyhave the right to receive rent as agreed and stated in the lease agreement. Theyalso have the right to inspect the property within reasonable hours and daysworked out with the tenant to ensure that the property is being kept to a cleanand safe standard.
Also, they must give 30 days’ notice if they plan toincrease the rent, but only if it is a month-to-month lease agreement(Kissam,1996). Upon the end of thelease, the landlord has a right to inspect the property and withhold any securitydeposit because of damage that was done by the tenant. Tenants have many rights and responsibilities when it comesto abiding by the agreement and laws. Tenants have the responsibility toinspect the property before taking occupancy, which Roger did.
But, what he didnot do was complete a “condition upon arrival” form. This form usually dictatesany damage from leaks, electrical, mold, odors and so forth (Adams, 2012). Tenantsalso have a right to their security deposit at the end of their leaseagreement, but if the property has any damage or unpaid rent this can and willbe forfeited over to the landlord.
When Mr. Renter took It upon himself todamage the drywall and electrical socket, he automatically gave up his right tohis entire/partial security deposit to cover said damages occurred (Kissam, 1996).Tenants have the right to live in a safe and clean environment, if anything is affectingtheir health, the landlord must remediate the issue(s).
As a tenant, they musttake care of the rental and common areas and repair any damage that was causedby them. Mitigate DamagesAccording to the lawful requirements that convey the Landlord-Tenantcontract and the rights and responsibilities of both parties to the agreement, itis clear that the Landlord is to mitigate any and all damages that transpired onthe property as a direct result of the roof leak since being occupied by thetenant, Roger Renter. Roger Renter on numerous occasions sought out thelandlords help with fixing the roof leak. The lack of response and action fromthe landlord, resulted in damage to not only the structure itself, but also tothe personal and private property of the tenant.
The Uniform ResidentialLandlord and Tenant Act state under section code § 4.101. Noncompliance by theLandlord-In General the tenant can deliver a written letter stating that bythe landlord not fixing the roof leak in a certain amount of time then thatwould constitute a breach of contract.
If this is not done then that wouldallow the tenant to terminate the lease agreement for reason of a breach ofcontract by the landlord (Castaldo, 2012). When it comes to the damage causedby Mr. Renter, this should be taken out of his security deposit or he shall begiven a chance to repair the property before the end of the contract. Eviction RightsAs the apartment sits right now, yes, the landlord has everyright to evict Rogers. But, if Rogers decides to repair the damage himself orhire someone, then evicting him will not be a viable option. The court costsalone for an eviction will span beyond the cost to repair the wall andelectrical socket. Also, while the landlord is repairing the roof, gettinganother tenant into the apartment during construction will not happen; no onewants to move into a place that is under construction.
I could argue that thedamage to the wall was a direct result of the landlord inability andunwillingness to repair the roof leak in a timely manner, but that is childish.I broke this because you didn’t do this, is not a sound case. Under special circumstances the landlord couldevict the tenant under the Unconditional Quit notice, but it states that itmust be serious damage to the property, and a hole in a wall is not. Mr. Rentershould repair the damage that he caused and Mr. Landlord should settle withthat as long as it is done well and to his liking.
Payments for DamagesConcerning whether or not Roger has any responsibility topay for the damage he caused and if Larry is responsible for any direct damageis a matter of your interpretation of the laws. Roger is directly responsible forthe damage that he caused to the property in question. He threw a baseball batinto the wall, not only damaging the drywall but damaging an electrical socket.He is under obligation and laws to make sure that the premises is taken care ofand is directly responsible for his actions, whether or not they were out ofanger towards the unwillingness of Larry to take care of the roof leak.
In terms of the roof leak, Larry is responsible for alldamages to said property. The Landlord is to maintain the structure to makesure that the property Is habitable for the tenant. It is a tenants’ right tohave the landlord make repairs.
The Landlord must make sure “that the buildingis structurally sound, provide hot and cold water, ensure that the roof is notleaking, and keep the plumbing, electrical and heating systems all in safeoperating condition” (A Tenant’s Rights to Landlord Repairs). Because Mr. Landlord did not remedy the roofleak in a respectable or reasonable manner, he put his tenants’ safety andhealth in danger. The roof leak could have caused irreparable damage to thestructure or his tenants property. After countless attempts made by the tenantto rectify the situation, Mr. Landlord just became coarse and uncivil towardsthe tenant. He could have simply solved the issue at hand quickly but, insteadhe took an absurd amount to time which lead to destruction of the tenants’personal property. The landlord-tenant law states if damage to the tenants’personal property is directly caused by the landlords’ unwillingness and delayof fixing the problem then the landlord could be held accountable forcompensation.
In Conclusion, this case can be looked at in differentperspectives, but in terms of the law and the rights and responsibilities ofthe landlord and tenant, this should be handled fairly and respectably withoutany issues. The only one to have a case is the tenant, he is entitled to safeliving environment and to not worry about his property being damaged whilst livingin said property. Bringing a lawsuit against the landlord in civil court can bea pain and they should work something out between the two of them. Lawsuitsonly bring up tension and should only be considered as a last resort. Thetenant shall remain on the premises while the roof is being repaired, thelandlord should partially or completely compensate for the damage to the tenants’belongings, and the tenant is to repair the drywall and electrical socket tothe landlords liking. Both parties are liable for damage in this case, butneither have grounds to evict.
The mediation suggestions written here are tohelp both clients through assisting them with reaching a legally acceptablecompromise.