LAND-LORD TENANT LAW 1
The owners of property follow certain guidelines while letting orleasing their premises. There are policies to prevent clashes betweenlandlords and tenants by clearly outlining the responsibilities ofeach party. Although the government strives to attract investors toaddress the increasing housing needs, it is imperative for theparties to operate under a definite framework of the law. Despite theregulations being clear, there exist cases of conflict betweenproperty owners and the tenants due to overlooked indirectresponsibilities that require the interpretation of the law by therelevant institutions.
The disagreement existing between Rodger Tenant and Larry Landlordcan be settled by revisiting their respective duties a stipulate dinthe law. When he was looking for a house, Rodger received relevantbut rather scanty information regarding an apartment from Larry. Thecontract that the two entered into became recognized in law. Afternoticing a leak and informing Larry about is, the landlord failed totake immediate action. This led to the destruction Rodger’sfurniture and clothing. As a result of range, Rodger broke a socketunintentionally.
Under the Common Law, the landlord-tenant regulations are succinctlystipulated. In 1972, the Conference of Commissioners on Uniform StateLaw passed the directive and mandated the property owners to availthe space which they intend to let (Kendrick & Kendrick, 2015).The law was conceived on the realization that, relatively, landlordshave a stronger economic advantage than the tenants. They arerequired to ensure that the tenant drives value for their money byenjoying the comfort of the property for which they incurexpenditure. The law, therefore, prohibits any unnecessary activitiesthat can interfere with the tenant`s comfort and happiness.
Under the implied law of habitability, the law directs the propertyowners to provide both safe and decent units that promote the socialand physical well-being of the tenants. The standards set in theregulation include a house that has waterproof walls and roofs,effective lighting and vermin proof. Addition under section 1921 and1929 indicate that landlords must ensure that the houses have securelocks, garbage collection facilities and mandates them to make anyminor repairs upon the tenant request (Titman & Twite, 2013). Ifthe landlord fails to make repairs in parts that have the capacity toresult in the destruction of property or cause adverse healtheffects, the tenant has the right to terminate the contract.
Conversely, the law requires tenants to be responsible while usingthe facilities to avoid deliberate destructions. In the case of majorrepairs, the law does not hold them liable to cater for the repairs.However, they may be required to incur expenditure for minor repairsthat occur as a result of negligence. When vacating the premises,tenants may also be required to forfeit their deposits to cater forminor repairs and painting (Titman & Twite, 2013). According toKendrick and Kendrick (2015), a serious violation of the contract bythe property owner may exempt the tenant from paying rent for aparticular period.
In Larry and Rodger’s case, there is a question of direct evasionof duties by the landlord. Larry was aware of the leak in the housebut failed to inform Rodger about it. In addition, he failed torepair the roof immediately after Rodger alerted him. As stipulatedin the Landlord and Tenant Act, it was Larry’s duty to make minorrepairs at his cost immediately after being alerted by the tenant. Healso acted against section 1942.5 of the civil code that prohibitsproperty owners from collecting rent from property that is in aserious breach of the signed contract. The written notice that Rodgergave to Larry informing of the leak can be used as proof of ignoranceand failure to meet the responsibilities as outlined in the Act.
Larry is also guilty of failing to observe utmost good faith whenentering into the contract. He did not inform Rodger of the leakdespite being aware of the damage that it would cause during therainy season. Rodger can refer his grievances to the Department ofLicenses and Inspection and have the house examined for standardsanitary requirements. It is also noteworthy to point out that Rodgershould not be victimized by being kicked out of the house forexposing the property owner. In Edwards v Habib, the courtruled that a tenant cannot be forcefully evicted from a premise byuncovering the neglect of duties by the landlord.
Rodger is also liable for negligence by breaking the electricalsocket. Although he did so out of rage, his irrational behavior doesnot justify the damage. It is also noteworthy that although theLandlord and Tenant law does not require tenants to contributetowards minor repairs, it does not exempt them for negligence anddeliberate damage to property. Rodger can either pay for the leakrepairs and withhold the rent or compel Larry to meet the costs.Since the Landlord and Tenant Act hold the property ownersresponsible for providing habitable units, Larry is liable tocompensate Rodger for the damaged property.
Conclusively, the Landlord and Tenant Act outlines theresponsibilities of different parties entering into a house-lettingcontract. It is applied in solving disputes and enforcing the dutiesof an evasive party. Larry’s failure to repair the leaking wallcontravened the regulation, and he is liable to compensate Rodger forthe damaged property. Rodger is also guilty of breaking a socket outp sheer negligence. A correct interpretation of the law, therefore,can be instrumental in resolving conflicts and providing ajustification for the liabilities associated with each party.
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 theduration of real estate leases. Journal of Urban Economics,74, 99-112.