LEG 100 Assignment 2 Larry
Landlord has recently
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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.
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