Land-Lord Tenant Law | EssayIvy.com

Running head: LAND-LORD TENANT LAW 1

Land-Lord Tenant Law

Name

Institution

Date

LAND-LORD TENANT LAW 2

Landlord Tenant Law

The owners of property follow certain guidelines while letting or leasing their premises.

There are policies to prevent clashes between landlords and tenants by clearly outlining the

responsibilities of each party. Although the government strives to attract investors to address the

increasing housing needs, it is imperative for the parties to operate under a definite framework of

the law. Despite the regulations being clear, there exist cases of conflict between property

owners and the tenants due to overlooked indirect responsibilities that require the interpretation

of the law by the relevant institutions.

The disagreement existing between Rodger Tenant and Larry Landlord can be settled by

revisiting their respective duties a stipulate din the law. When he was looking for a house,

Rodger received relevant but rather scanty information regarding an apartment from Larry. The

contract that the two entered into became recognized in law. After noticing a leak and informing

Larry about is, the landlord failed to take immediate action. This led to the destruction Rodger’s

furniture and clothing. As a result of range, Rodger broke a socket unintentionally.

Under the Common Law, the landlord-tenant regulations are succinctly stipulated. In

1972, the Conference of Commissioners on Uniform State Law passed the directive and

mandated the property owners to avail the space which they intend to let (Kendrick & Kendrick,

2015). The law was conceived on the realization that, relatively, landlords have a stronger

economic advantage than the tenants. They are required to ensure that the tenant drives value for

their money by enjoying the comfort of the property for which they incur expenditure. The law,

therefore, prohibits any unnecessary activities that can interfere with the tenant's comfort and

happiness.

LAND-LORD TENANT LAW 3

Under the implied law of habitability, the law directs the property owners to provide both

safe and decent units that promote the social and physical well-being of the tenants. The

standards set in the regulation include a house that has waterproof walls and roofs, effective

lighting and vermin proof. Addition under section 1921 and 1929 indicate that landlords must

ensure that the houses have secure locks, garbage collection facilities and mandates them to

make any minor repairs upon the tenant request (Titman & Twite, 2013). If the landlord fails to

make repairs in parts that have the capacity to result in the destruction of property or cause

adverse health effects, the tenant has the right to terminate the contract.

Conversely, the law requires tenants to be responsible while using the facilities to avoid

deliberate destructions. In the case of major repairs, the law does not hold them liable to cater for

the repairs. However, they may be required to incur expenditure for minor repairs that occur as a

result of negligence. When vacating the premises, tenants may also be required to forfeit their

deposits to cater for minor repairs and painting (Titman & Twite, 2013). According to Kendrick

and Kendrick (2015), a serious violation of the contract by the property owner may exempt the

tenant from paying rent for a particular period.

In Larry and Rodger’s case, there is a question of direct evasion of duties by the landlord.

Larry was aware of the leak in the house but failed to inform Rodger about it. In addition, he

failed to repair the roof immediately after Rodger alerted him. As stipulated in the Landlord and

Tenant Act, it was Larry’s duty to make minor repairs at his cost immediately after being alerted

by the tenant. He also acted against section 1942.5 of the civil code that prohibits property

owners from collecting rent from property that is in a serious breach of the signed contract. The

written notice that Rodger gave to Larry informing of the leak can be used as proof of ignorance

and failure to meet the responsibilities as outlined in the Act.

LAND-LORD TENANT LAW 4

Larry is also guilty of failing to observe utmost good faith when entering into the

contract. He did not inform Rodger of the leak despite being aware of the damage that it would

cause during the rainy season. Rodger can refer his grievances to the Department of Licenses and

Inspection and have the house examined for standard sanitary requirements. It is also noteworthy

to point out that Rodger should not be victimized by being kicked out of the house for exposing

the property owner. In Edwards v Habib, the court ruled that a tenant cannot be forcefully

evicted from a premise by uncovering the neglect of duties by the landlord.

Rodger is also liable for negligence by breaking the electrical socket. Although he did so

out of rage, his irrational behavior does not justify the damage. It is also noteworthy that

although the Landlord and Tenant law does not require tenants to contribute towards minor

repairs, it does not exempt them for negligence and deliberate damage to property. Rodger can

either pay for the leak repairs and withhold the rent or compel Larry to meet the costs. Since the

Landlord and Tenant Act hold the property owners responsible for providing habitable units,

Larry is liable to compensate Rodger for the damaged property.

Conclusively, the Landlord and Tenant Act outlines the responsibilities of different

parties entering into a house-letting contract. It is applied in solving disputes and enforcing the

duties of an evasive party. Larry’s failure to repair the leaking wall contravened the regulation,

and he is liable to compensate Rodger for the damaged property. Rodger is also guilty of

breaking a socket out p sheer negligence. A correct interpretation of the law, therefore, can be

instrumental in resolving conflicts and providing a justification for the liabilities associated with

each party.

LAND-LORD TENANT LAW 5

Reference

Kendrick, H. S., & Kendrick Jr, J. J. (2015). Residential Leases (Vol. 19). Texas Transaction

Guide--Legal Forms.

Titman, S., & Twite, G. (2013). Urban density, law and the duration of real estate leases. Journal

of Urban Economics, 74, 99-112.

Place new order. It's free, fast and safe

Paper type

Deadline

Page count

550 words

Total price: $ 15.00

Our customers say

Jeff Curtis

USA, Student

"I'm fully satisfied with the essay I've just received. When I read it, I felt like it was exactly what I wanted to say, but couldn’t find the necessary words. Thank you!"

Ian McGregor

UK, Student

"I don’t know what I would do without your assistance! With your help, I met my deadline just in time and the work was very professional. I will be back in several days with another assignment!"

Shannon Williams

Canada, Student

"It was the perfect experience! I enjoyed working with my writer, he delivered my work on time and followed all the guidelines about the referencing and contents."