...the Naabs’. They would not have to move their garage. 49.2 The case of Love versus Monarch Apartments is a dispute between landlord and tenant where the tenant did not feel that the landlord met their contractual obligations of providing a habitable environment and vacated the premises, thus breaking the lease. Love would have to prove that she broke the lease under legal grounds. Her argument for breaking the lease is one under the implied warranty of habitability. Under this warranty the leases premises but be “fit, save, and suitable for ordinary residential use.” (Cheeseman, p. 773) One of the options available to a tenant in a situation for a violation of this warranty exists is to cancel the lease if the landlord fails to correct or repair the problem. Love gave Monarch chances, not only by allowing exterminators into her home, but also by completely moving apartments. Love made reasonable attempts to allow Monarch to correct the pest problem. When Monarch was unwilling or unable to provide Love with a pest free environment she properly and legally terminated her lease. Love wins this case. 49.5 This issue at hand in Gibbons versus Chavez is if Chavez is responsible for the dog attacks that Gibbons suffered from the dog of the Chavezes tenants. Gibbons is making her case based on tort liability, or the legal concept that a landlord is responsible for damages to a third party when they are negligent in taking steps to prevent harm or injury. (Cheeseman,......
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Letter to Landlord
...January 11, 2009 Mr. John Doe 1111 Mc Graw street San Diego Ca, 92117 Re: Demand for Payment Dear Mr. Doe: Please be advised that you owe me the sum of $700.00 because the laws of Calirfornia regarding renters rights prohibit a landlord fron witholding money from a security deposit except for the following reasons:1) For unpaid rent;2) For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in,3) For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; and 4) If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.Due to the fact that the rented room was left in better condition than when I moved in, none of the above holds true. This will be your only chance to settle this matter before I file suit against you in Small Claims Court. I am agreeable to a lump sum payment, or to a payment plan. Please contact me on or before January 16, 2009 for purposes of settling this matter. If I do not hear from you on or before January 16, 2009, I will file a lawsuit against you without further notice. It is in your best interest to settle this matter before a lawsuit is filed. If a judgment is obtained against you, it will negatively affect your ability to get credit, you will be ordered to pay court......
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Real Estate Law
...“holding” land rather than “owning” it was called a system of tenure. Alienability: refers to the power to transfer tenure to another during one’s lifetime or at the time of death. Common Law: is the part of the law that is formulated, developed and administered by the common law courts, mostly underwritten and founded originally by common customs. Types of Estates: Estates – describes an interest in land or more specifically the degree, quantity, nature, and extent of interest that a person has in real property. Estates can be classified under several general headings: 1. Estate to use: ownership obtained by deed, will or possession. Ownership was often held for a future buyer and was often used to avoid a dower right. 2. Fee Simple: highest estate or absolute right in real property – essentially absolute ownership. Can be created where it terminates under certain conditions. For example: Fee Tail – a historical fee that restricts the inheritability of land to a limited class of heirs, such as the eldest male. 3. Future Estate: typically a component of a life estate 4. Leasehold Estate: Interest in land for a defined period of time 5. Life Estate: granting an interest in a piece of land to someone for a lifetime period. Bundle of Rights: The rights that are guaranteed by law in relation to property. These include: the right to use property, sell it, lease it, enter it, give it away, and finally the right to refuse to exercise any of these......
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... The normal use of the property 2. The extent and nature of the public’s invitation to use it 3. The purpose of the expressional activity in relation to both its private and public use (5) Title to real property cannot include dominion over the destiny of persons the owner permits to come upon the premises. Their wellbeing must remain the paramount concern of a system of law. (6) Example: NJ v. Shack 1971 p24 (a) A couple guys with govt and non-profit agencies who wanted to help migrant workers went to a farm where migrants lived in order to offer aid to the migrants. The landowner did not allow them entrance and then said they could only meet with the migrants if he was present. The guys refused and the owner had them arrested for trespassing. (b) The farmer cannot deny his workers access to government aid; Migrant workers must be able to receive visitors in his living quarters iv) Trespass to Real Property (1) The action for intentional trespass to land is directed at vindication of the legal right. (2) The law infers some damage from every direct entry upon the land of another (3) The law recognizes actual harm in ever trespass to land whether or not compensatory damages are awarded (4) Relief (a) When nominal damages are awarded for an intentional trespass to land, punitive damages may, in the discretion of the jury is awarded. (i) Excessiveness of punitive damages determined by: 1. The degree of reprehensibility of the conduct 2. The disparity between......
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Tenant Landlord Agreements
...Landlord tenant laws, are all state laws the same? The purpose of this paper is to develop an understanding of landlord tenant laws and make a comparison between several states. The majority of the information used in this paper will come from the States of Ohio, West Virginia, and Pennsylvania. However, there are some court cases from other states that will be examined as well. The most important thing for all parties involved to understand is exactly what is expected of them and for these expectations to be defined in a formal document called a lease. A lease is a formal legal document outlining the terms under which one party agrees to rent property from another party.  A lease is designed to protect both the landlord and the tenant and serve as a legal binding contract depicting each parties responsibilities. In addition to a lease most state and local governments have requirements that need to be met called standard living conditions. For the most part these living conditions are similar from state to state. In some instances cities have code enforcers who do inspections on homes once they become vacant. Generally this inspection consists of a walkthrough of the apartment or house while it is vacant to ensure that the property meets standard living conditions. Some items that are inspected are windows, doors, handrails on stairs, working heating system and hot water. A person living in the state of West Virginia has the right to live in decent......
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Property Law Summary
...PROPERTY LAW Introduction -Historically there were two branches of Property Law: • Real property: (Land and interests in land) • Personal property: (Everything besides land and interests in land) -The reason for the two separate branches is that historically land was the most valuable type of property (and arguably still is). -This course predominately focuses on real property. *Note that personal property can become real property by being attached to real property – referred to as ‘fixtures’. (E.g. carpet fixed to a house). SEE LATER FOR FULLER DISCUSSION OF FIXTURES. -General terminology: • Licence: all rights in relation to land, which look like a property rights, but are not actually property rights. ❖ Bare licence: The licence is not coupled with any form of consideration, and therefore can be revoked at will. ❖ Contractual licence: A licence coupled with a contract, and therefore may have remedies in breach of contract (damages, etc.). -Real Property (Common law) rights: • Fee Simple – An unencumbered inherited interest in land. It is almost equal to ownership (the crown actually owns all the land, but people have the right to reside on the land. • Native title – To be distinguished from the common law system. • Life estate – This estate lasts until death, i.e. it is not inheritable. • Lease / tenancy agreement – The right of possession is given (also known as a ‘possessory estate’. ......
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Ballad of the Landlord
...everyday. In a time when America was still known for being “separate but equal” Langston hughes poem “Ballad of the Landlord” shows the treatment and struggle African-Americans faces through the voices of The tenant, landlord then police and the newspaper. “Ballad of the Landlord” is a rhythmic poem written by one of the pioneers of the Harlem Renaissance, Langston Hughes. The poem is about a frustrated African-American tenant who lives in a Harlem apartment which is owned by an Caucasian landlord. The reason the African-American tenant is upset, is because he is lives and paying rent in an apartment that is slowly breaking down. He seeks to his landlord to fix his the issues in his apartment but they are ignored. The tenant becomes further frustrated when his landlord claims that he owes 10 dollars in rent. When he refuses to pay the balance until the apartment is repaired, the landlord threatens to evict him. The tenant who is already upset, threatens physical violence, which the landlord take literal and tries to grab the attention of the police. The police then arrest he tenant and he is thrown in jail with no bail and given 90 in the county jail. The first character to be introduced in this poem is the tenant. The tenant is not revealed to be African-American until the final line of the poem but Hughes use cleaver language to make the readers believe the tenant could be black. He uses the urban language and slang...
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...Print Property: Personal, Intellectual, and Real Learning Objectives 11 After studying this chapter, you will be able to: 1. Distinguish between personal, intellectual, and real property. 2. Explain how personal property is acquired. 3. Discuss the definition and significance of bailments. 4. Define different types of tenancies in real property. 5. Discuss the concept of eminent domain. Ryan McVay/Photodisc/Thinkstock The concept of property and ownership is one that has long been important in both society in general and law in particular. English philosopher and political theorist John Locke saw it as "the reason why men enter into society," and Walter Lippmann, the American journalist, described it as "the only dependable foundation of personal liberty." Some have gone so far as to say that the main reason for law is to protect property rights. Even if one does not subscribe to such a narrow purpose, there is no doubt that the law is much concerned with property and rights of ownership. Property can be defined as the right of an individual to exclusively possess, use, and dispose of anything that is capable of being owned. Broadly speaking, property can be divided into three separate types: personal property, intellectual property, and real property. Personal property is characterized by its portable nature; it can be carried from place to place. Furthermore, personal property can be either tangible or intangible. Tangible personal property encompasses......
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Becoming a Tenant
...1 Becoming a Landlord Becoming a Landlord Owning a rental property is one way of achieving the dream of homeownership. But, in buying a rental property you not only become a new homeowner, you also take on the responsibilities of becoming a landlord. Your rental property is not only your home, but also your business. As a business owner, you must adhere to the laws, rules, and regulations that govern rental housing, and have a clear understanding of appropriate rental rules and practices. Before making the decision to buy a rental property, people should assess the willingness to share the home with others, devote time and hard work to manage your business, make repairs and maintain the property, provide services to your tenants, deal with difficult tenants, become familiar with state, local, and federal laws and regulations regarding landlord and tenant relationships, and consult and hire professionals, such as attorneys or tax preparers. You also should take a realistic look at what you can expect as a landlord the rewards as well as the increased responsibilities of operating a business. Advantages of owning a rental property, there are many good reasons to own a rental property. Some of the benefits that you may expect are, A place of your own owning property gives people the feeling of permanence and involvement in the community. Financial incentives monthly mortgage payments may be more manageable due to rental income. A portion of the rental income also......
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...Administrative law is especially valuable to agencies such The Department of Housing and Urban Development as it addresses fairness and responsibility issues with governing laws. Court cases help to make change where needed when it can be shown the system has failed or if one’s rights have been violated. The Department of Housing and Urban Development The Department of Housing and Urban Development's (HUD) manages and is responsible for the running of programs that provide housing as well as community development assistance. The HUD agency also works to ensure fair and equal housing opportunity for all people. An example of one of the programs is the Federal Housing Administration (FHA), which is part of HUD, is a government agency which objectives are to improve housing conditions and standards as well as provide a house financing system with insurance of home mortgage loans. Congress created the Federal Housing Administration (FHA) in 1934. The FHA became a part of the Department of Housing and Urban Development's (HUD) Office of Housing in 1965. The HUD agency and issues it covers is very broad so administrative law is a must for this agency to ensure there is fair housing and equal opportunity. Administrative law covers several areas such as rule-making, agency discretion, test and inspection, mediation and arbitration, the requirements of fairness, due processes, hearings, equal protection, affirmative action and diversity in the housing market. Administrative......
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...Stonybrook Drive Raleigh North Carolina 27604 Sub: Upstairs bathroom does not flush properly Dear Mr. Kintz, I, Jesse Surratt, am your tenant of apartment no. 2706, and have been paying a rent amount of $650 per month from 1st of November, 2011. My stay at the two-bedroom apartment has been a comfortable one, but a small ongoing problem remains and threatens to disturb my otherwise enjoyable stay. The pipes in the upstairs bathroom are obstructed and therefore the commode does not flush on the first flush more often than not, and has to be flushed upwards of 4 or 5 times. This problem is aggravating enough, however sometimes when the commode is flushed it backs up and overflows. This problem has been ongoing since I moved into the apartment in November 2011.I have a myriad of health problems, such as Crohns disease, joint pain, and I am a heart transplant survivor as of 10 July 2010. With my compromised immune system, I do not need to be stomping around in raw sewage. The problem has over the years taken its toll on my body and health. Although there is a half bath downstairs there have been many times I have not made it and the resultant accidents are humiliating and depressing. I have mentioned this problem before with no reply or concern from you. I have found, but not contacted various legal options available to me.I have been a good tenant of yours, always paying my rent on time, and I tell you of every problem in the apartment when they occur. Therefore, I have......
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Landlord Tenant Law
...Landlord – Tenant Law Does Larry Landlord have a legal right to evict Roger Renter? Is Larry Landlord responsible for the damage to Roger Renter's possessions? Did Larry Landlord or Roger Renter have a legal duty to migrate the damages? Is Roger Renter responsible for the damage he caused with the baseball bat? Several considerations will need to be explored to determine the answers. Larry Landlord recently renovated an apartment and put it on the market to rent. Roger Renter saw Larry Landlord's sign for the apartment for rent and wanted to look at the apartment. Larry Landlord showed Roger Renter the apartment, and Roger Renter fell in love with it. Roger Renter noticed all the interior fixture had been replaced and newly painted. Larry Landlord leased to Roger Renter a newly renovated apartment. Roger Renter inquired if there were any roof leaks at the time he moved in due to the exterior of the building showing a little bit of wear. Larry stated that he had never had a leak and was not aware of any leaks. Roger Renter and Larry Landlord entered into a valid rental contract. Roger Renter was happy in the new location due to the apartment being quiet and the neighbors were friendly. Larry Landlord was happy because Roger Renter was a model tenant. Roger Renter paid his rent on time and was quiet and respectful to other tenants. In June when the rains started the roof began to leak. Roger Renter placed a trash can under the leak and did not have any......
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Landlord Tenant Law
...Landlord-Tenant Law Professor LEG/100 March 9, 2016 Rights and Responsibilities of Tenant and Landlord As a tenant and as a property owner, you both have rights and responsibilities that is included in a tenancy agreement. In order to avoid any misunderstandings and problems it is very important that you both understand the rules of renting a home/apartment and the rules to allow someone to rent you home/apartment. Ordinarily, when an individual pays someone to live on their property, they become a tenant at which time they are protected by a law that is governed in their state. As a property-owner, you have certain responsibilities, which are derived from property rental laws as well as from any arrangement whether it was written or verbal amongst the two parties. As with any type of business, there are going to be disputes of some kind. It will mainly be on the tenant’s behalf, they are not happy with something in the property. In turn they get upset with the landlord and says it is their fault. Typically these disputes can be handled amongst the two parties. Every now and again you will come across some that were just not able to dissolve the situation so they had to take it to court. They followed the legal proceedings which they are entitled to. In the case of Larry (landlord) and Roger (renter), if I were the mediator I would first go over the rights and responsivities of both the tenant and the property-owner. These are things that they should already......
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...Every time it rains the leakage got worst Roger clothes and furniture got damaged, so he is liable for the damage. The landlord first and foremost responsible is to make sure the property is livable. These are basic things any reasonable should consider essential in an apartment. Before renting your property to someone else, you must go beyond the basics. The landlord cannot wait when it come to renter property because you have a legal obligation to maintain the residence in a reasonable, albeit quick, manner. When something needs to repair, you have to fix it as soon as possible without any delay because someone life might be in danger or his or her property might get damage. Under common law, a landlord had no duty to accept or procure a new tenant to mitigate the damage that takes reasonable action to avoid additional injury or loss resulting from a tenant's breach of a lease including on an abandonment or refusal to occupy its premises. The rationale for this traditional view arose from the characterization. Maryland courts traditionally followed the common law rule that a commercial landlord had no duty to mitigate damage, but recent decisions have modified the rule significantly and even left open the possibility that traditional view may be in danger. According to the scenario and the law, Larry has the right to evict Roger because he should not have damaged the property because of vexation. That was......
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...Landlord-Tenant Law Kimberly Woodruff Professor Uhimchuk Business Law I June 15, 2016 When dealing with landlord-tenant law it’s basically a combination of three areas of law: property, contract, and negligence. In this case the owner of the property Larry engaged in a landlord-tenant relationship with Roger. A leased was signed indicating real property rights to the tenant for the duration of the lease. According to the information provided any covenants or conditions were not identified. Roger and Larry had a wonderful relationship in the beginning however due to a breakdown in communication their relationship soured. When Roger viewed the property he noticed wear on the exterior. He questioned Larry about possible leakage in the roof, Larry indicated that he had no knowledge of roof leaks. Roger moved in in June, he had no issues for 7 months, after a storm he contacted Larry about the leak. Larry indicated that he would take care of it. It is the landlord’s responsibility to address property damages not caused by the tenant. Generally, all rental property must comply with the building code whether the lease mentions the code or not (555). Once the landlord was notified it was his duty to react quickly to mitigate damages to the property, Roger honored the lease by paying the rent and notifying his landlord each time the roof leak. Larry was notified and responded informing Roger that he would handle it. Roger took Larry at his word and believed he...
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For a society to co-exist there is a need to be a system of laws governing the relationship between people. Tenancy laws govern the relationship between a tenant and the landlord. In the following scenario, Roger rents a premise from Larry. However, he notices a flaw in the roof but Larry confirms the premise has never leaked. Following a storm, Roger confirms that the roof leaks. Though he informs and requests Larry to repair the roof he delays causing the rains to effect more damages. Roger is aggrieved by the delay and angrily throws his baseball bat damaging one of the walls. Eventually, he vacates the leaking room taking no remedial measures to revert the situation. This essay seeks to explore the legal rights and responsibilities of tenants and landlords, so as to determine the extent to which the two parties may be held accountable for the unfortunate outcome.
The law provides for the tenant to inspect the rental premises to ensure it meets their specifications before entering into an agreement. After the signing of the agreement, the tenant is entitled to a peaceful and private occupation of the rented premise. Notably, if the landlord intends to effect maintenance, the law provides that they give substantial notice time (Beatty, Samuelson, & Abril, 2016). Tenants are also entitled to withhold rent payment, in case the landlord neglects his obligation to address the concerns of the tenant. For landlords who require payment of security deposit, tenants have the right to be refunded the full amount of deposit, if no damages occurred out of negligence during the tenancy. It is the responsibility of the tenant to keep the premises in a good and habitable status. Additionally, they should ensure peaceful coexistence with the neighbors. Importantly, it is the obligation of the tenant to pay the rental fees on time.
The tenant should also inform the landlord of any damages that need attention and is entitled to compensation if they execute such repairs if landlord delays in effecting such repairs. Notably, tenants should be aware that payment of penalties for the lateness in rent payment is not provided for in the tenancy laws. Tenants are also protected from retaliation by landlords as a result of exercising their legal rights that may seem injurious to the landlord (General, & Swanson, 2012). Importantly, for both termination of tenancy and eviction, the landlord is obliged to give prior notice...
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