Anytime landlords let their property, and they enter into a legal agreement with the residents no matter how informal they may intend to base their relationship. The agreement or arrangement between the landlord and the tenant in most cases are bound by constituted legislation depending on the region. Under the bill presented by the owner, the tenant is always in a position to understand their rights and the obligations set by the landlord.
According to Chapter 29 on the Landlord – Tenant Law, Beaty (2016) elaborates that the owner – tenant law is made up of three aspects of the law which are the property, the contract, and negligence. The relationship of a landlord and the tenant in most cases is created when the owner agrees to give or offer their property to the tenant temporarily. While the tenant is temporarily in possession of the property, the landlord remains to be the owner of the building. The right to the temporary possession of the property that the tenant is offered is referred to the leasehold or a tenancy according to the courts.
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Under the three areas of the landlord – tenant law, the property law ensures that the landlord elaborates all the rights that the tenant is entitled to. Moreover, the landlord maintains the possession of the property on termination of the lease. On coming to an agreement, the landlord and tenant enter an arrangement hence the existence of the contract law. Accidents are inevitable. Hence the negligence law ensures that the landlord and the tenant highlight the liability they are responsible for in case of any occurrence of damages and injury to either the property of the individual involved.
Concerning the relationship between Larry the landlord and Roger the tenant, there is a high chance that they never had a legal agreement on how and when to mitigate possible damages in the property or on individuals. Some of the reasons as to why I think so include the fact that despite the tenant noticing some wearing out of the exterior of the property, he chose to enter into an agreement anyway. Also, the interior of the property never showed signs of aging and was satisfying to the needs of the tenant. On the other hand, the landlord was not committed to meeting the needs of the household with the leakage of the house during rainy days. It is the duty of the landlord to ensure that the property is in good condition before allowing anyone to possess or lease it. Besides, before coming to an agreement, the owner’s obligations include the commitment to make repairs to any damages in the house that they were not aware of initially. On the other hand, when a tenant is coming to an agreement with the landlord to temporarily possess the property, they are expected to maintain and ensure that all interiors are safely guarded during the period before the termination or end of the contract. In case, of any damages in the property that may have been caused by the tenant during their stay in the property, they are expected to make amendments or pay for the repairs required to be made. On the other hand, the landlord is also projected to ensure routine repairs are made to the property (Crump, 2014).
Eviction
The landlord has a right to evict the tenant in the case where the tenant is not committed to the contract regarding pay, poor maintenance of the property or sometimes misconduct that may disrupt the peace of other neighbors. In the case of Larry and Rogers, Larry has no right to evict Roger because there is no evidence of any fault that Roger has committed. The damage on the wall and the electrical socket was as a result of anger towards the landlord’s negligence towards the leak that the property had during rainy days. Despite the efforts of Roger informing Larry on the effects of the leak on his personal belongings, Larry the landlord did not in any way commit to mitigating on the damages of the house and would respond rudely to Roger, the tenant. As highlighted in Chapter 29, Larry would only have a right to evict Roger from the property in case their agreement was based on a ‘tenancy at will.’ It dictates that the landlord and the tenant are at liberty to terminate their contract since this type of lease never has a fixed duration in which tenant is required to temporarily possess the property.
Larry’s unwillingness to repair the damages on the roof that caused leakage during the rainy season resulted in the lack of quiet enjoyment that is a right to all his tenants including Roger. The actions of the landlord towards the tenant would be referred to as the constructive eviction which is the type in which the landlord interferes with the tenant's comfort or enjoyment in the property.
Tenant and Landlord Legal Obligation in damage caused
Every tenant has a responsibility to take good care of all the interiors and exteriors of the property and in most cases is included in the contract of tenancy. As for Roger, he has an obligation to pay for the damages he made on the wall and the electrical socket whether or not he was angered by Larry’s lack of commitment to the contract and negligence. It also the duty of the landlord to keep the losses of the property at a minimum, hence Roger’s denial to pay for the damage caused to the property may be transferred to the landlord who would be required to pay for all the damages and the losses incurred.
Larry, on the other hand, has the responsibility to make sure that Roger his tenant is safe including his personal belongings. Considering the fact that the poor state of the structure resulted in the damage of the resident’s properties like the furniture and clothes, it is the duty of the landlord to ensure that the loss incurred by the tenant is recovered. As explained by the Housing Executives (2016), it is for this reason that owners are advised to get a landlord liability insurance. While some cases are accidental the case of Larry and Rogers was totally out of negligence and lack of commitment to the owner – tenant agreement they had. Roger’s complaints to Larry fell on deaf ears and considering that he had evidence of the times he had to communicate the issue to his landlord Larry through calls, a note and verbally the landlord, in this case, is entitled to ensure that the losses his tenant incurs are reimbursed.
Under any contract that a landlord and a tenant gets into, they are legally bound, and they must be committed to some of the responsibilities highlighted in the agreement. As explained, the landlord – tenant law has a combination of three elements that focus on the property law, the contract legislation and negligence law. The legislation of the landlord – tenant relationship differs with the difference in the constitution and the law of a specified area. To avoid fraud, misconduct or lack of commitment from either party, the law requires that the agreement or lease be written and signed by witnesses. The written contract ensures the landlord and the tenant stay committed to the arrangement and at the same time to avoid incidences of avoiding some of the penalties in case of one party does not accomplish their duties.
Before, any agreement between the landlord and the tenant, the landlord must ensure that the property is in good condition and that it is safe for the residents to stay in. Security, utilities, and space are some of the aspects that the landlord can look into to ensure that its potential customers consider their property as compared to that of their competitors. Moreover, depending on the needs of the tenant, they can make sure the property has all they need before coming to an agreement. The landlord and the tenant are also allowed to make any amendments to the agreement before signing the lease contract purposely for additional or deductions of some clauses that directly affects both parties in one way or the other. After the tenant feels satisfied with the service and condition of the property being rented out, they can sign the contract and enter a covenant. Some of the tenancy contracts that landlords and tenants get into include tenancy for years which is based on a fixed period of years that is set in the lease which dictates that the tenant can only temporarily possess the property in a given time. On the periodic tenancy which dictates that the landlord and the tenant get into a defined period, but the parties have the liberty to continue the agreement for an additional period until the time either party may decide to terminate the agreement. Other tenancies include the tenancy at will and tenancy at sufferance.
References
Beatty, J. F. (2016). Cengage Advantage Books: Introduction to Business Law, 5th Edition. [Strayer University Bookshelf]. Retrieved from https://strayer.vitalsource.com/#/books/9781337013130/
Crump, D. (2014). Should the Commercial Landlord Have a Duty to Mitigate Damages after the Tenant Abandons; A Legal and Economic Analysis. 49 Wake Forest.
Housing Executive. (2016). the basic rights and responsibilities of landlords and tenants. Retrieved June 9, 2017, from Northen Ireland Housing Executive: http://www.nihe.gov.uk/index/advice/renting_privately/advice_landlords/general_guidelines_landlords.htm
