Landlord-Tenant tenant does. They have the right to receive

Landlord-Tenant Law

“Landlord-Tenant Law governs the rental of commercial and
residential property. It is composed primarily of state statutes and common law”
(Staff, 2007). Different states have their own rules, regulations, statutes and
laws. They are all put in place by the Uniform Residential Landlord and Tenant
Act or Model Residential Landlord Tenant Code.  All tenants have a right to safe environment
and are in their legal rights to demand repairs to the property, especially if
they could cause further damage to the property or to the tenants’ private
property. The Landlord should repair damages within a reasonable time of the tenants’
notice. At no time should the tenant refuse to pay rent until the damages are
resolved. The tenant might have a right to compensation for damages to his own
personal property if the damage was caused by a delay in repair by the
landlord.

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Rights and Responsibilities of Landlords and
Tenants

When you have a binding agreement between a Landlord and
tenant, you are bound by specific housing laws. Different states have different
laws and statutes, but all and all, they are formed around the same principles
and rules. Landlords have to comply with state requirements and housing codes
and must ensure that nothing affects the renter’s health and safety. Any
repairs needed in or on the grounds of the property must be fixed and done so
within a respectable amount of time, to ensure that no harm is done
(Kissam,2006). Mr. Landlord did not address the roof leak in a reasonable
amount of time, which in turn lead to damage to the property and damage to the renters’
property. All common areas shall stay in a clean and safe condition. A Landlord
has a right to put whatever he/she pleases into a lease agreement as long as It
is fair and moral. He/she can request that they require that a tenant buys
renters’ insurance before moving into the property, so that the renters are
covered for any unforeseen damage to their personal property. A landlord cannot
discriminate against age, sex, gender, race, or religion, this is prohibited by
the fair housing laws. The landlord cannot turn off utilities in order to get
rent from the tenant.

Landlords have rights just as much as the tenant does. They
have the right to receive rent as agreed and stated in the lease agreement. They
also have the right to inspect the property within reasonable hours and days
worked out with the tenant to ensure that the property is being kept to a clean
and safe standard. Also, they must give 30 days’ notice if they plan to
increase the rent, but only if it is a month-to-month lease agreement
(Kissam,1996).  Upon the end of the
lease, the landlord has a right to inspect the property and withhold any security
deposit because of damage that was done by the tenant.

Tenants have many rights and responsibilities when it comes
to abiding by the agreement and laws. Tenants have the responsibility to
inspect the property before taking occupancy, which Roger did. But, what he did
not do was complete a “condition upon arrival” form. This form usually dictates
any damage from leaks, electrical, mold, odors and so forth (Adams, 2012). Tenants
also have a right to their security deposit at the end of their lease
agreement, but if the property has any damage or unpaid rent this can and will
be forfeited over to the landlord. When Mr. Renter took It upon himself to
damage the drywall and electrical socket, he automatically gave up his right to
his entire/partial security deposit to cover said damages occurred (Kissam, 1996).
Tenants have the right to live in a safe and clean environment, if anything is affecting
their health, the landlord must remediate the issue(s). As a tenant, they must
take care of the rental and common areas and repair any damage that was caused
by them.

Mitigate Damages

According to the lawful requirements that convey the Landlord-Tenant
contract and the rights and responsibilities of both parties to the agreement, it
is clear that the Landlord is to mitigate any and all damages that transpired on
the property as a direct result of the roof leak since being occupied by the
tenant, Roger Renter. Roger Renter on numerous occasions sought out the
landlords help with fixing the roof leak. The lack of response and action from
the landlord, resulted in damage to not only the structure itself, but also to
the personal and private property of the tenant. The Uniform Residential
Landlord and Tenant Act state under section code § 4.101. Noncompliance by the
Landlord-In General the tenant can deliver a written letter stating that by
the landlord not fixing the roof leak in a certain amount of time then that
would constitute a breach of contract. If this is not done then that would
allow the tenant to terminate the lease agreement for reason of a breach of
contract by the landlord (Castaldo, 2012). When it comes to the damage caused
by Mr. Renter, this should be taken out of his security deposit or he shall be
given a chance to repair the property before the end of the contract.

Eviction Rights

As the apartment sits right now, yes, the landlord has every
right to evict Rogers. But, if Rogers decides to repair the damage himself or
hire someone, then evicting him will not be a viable option. The court costs
alone for an eviction will span beyond the cost to repair the wall and
electrical socket. Also, while the landlord is repairing the roof, getting
another tenant into the apartment during construction will not happen; no one
wants to move into a place that is under construction. I could argue that the
damage to the wall was a direct result of the landlord inability and
unwillingness to repair the roof leak in a timely manner, but that is childish.
I broke this because you didn’t do this, is not a sound case.  Under special circumstances the landlord could
evict the tenant under the Unconditional Quit notice, but it states that it
must be serious damage to the property, and a hole in a wall is not. Mr. Renter
should repair the damage that he caused and Mr. Landlord should settle with
that as long as it is done well and to his liking.

Payments for Damages

Concerning whether or not Roger has any responsibility to
pay for the damage he caused and if Larry is responsible for any direct damage
is a matter of your interpretation of the laws. Roger is directly responsible for
the damage that he caused to the property in question. He threw a baseball bat
into the wall, not only damaging the drywall but damaging an electrical socket.
He is under obligation and laws to make sure that the premises is taken care of
and is directly responsible for his actions, whether or not they were out of
anger towards the unwillingness of Larry to take care of the roof leak.

In terms of the roof leak, Larry is responsible for all
damages to said property. The Landlord is to maintain the structure to make
sure that the property Is habitable for the tenant. It is a tenants’ right to
have the landlord make repairs. The Landlord must make sure “that the building
is structurally sound, provide hot and cold water, ensure that the roof is not
leaking, and keep the plumbing, electrical and heating systems all in safe
operating condition” (A Tenant’s Rights to Landlord Repairs).  Because Mr. Landlord did not remedy the roof
leak in a respectable or reasonable manner, he put his tenants’ safety and
health in danger. The roof leak could have caused irreparable damage to the
structure or his tenants property. After countless attempts made by the tenant
to rectify the situation, Mr. Landlord just became coarse and uncivil towards
the tenant. He could have simply solved the issue at hand quickly but, instead
he took an absurd amount to time which lead to destruction of the tenants’
personal property. The landlord-tenant law states if damage to the tenants’
personal property is directly caused by the landlords’ unwillingness and delay
of fixing the problem then the landlord could be held accountable for
compensation.

In Conclusion, this case can be looked at in different
perspectives, but in terms of the law and the rights and responsibilities of
the landlord and tenant, this should be handled fairly and respectably without
any issues. The only one to have a case is the tenant, he is entitled to safe
living environment and to not worry about his property being damaged whilst living
in said property. Bringing a lawsuit against the landlord in civil court can be
a pain and they should work something out between the two of them. Lawsuits
only bring up tension and should only be considered as a last resort. The
tenant shall remain on the premises while the roof is being repaired, the
landlord should partially or completely compensate for the damage to the tenants’
belongings, and the tenant is to repair the drywall and electrical socket to
the landlords liking. Both parties are liable for damage in this case, but
neither have grounds to evict. The mediation suggestions written here are to
help both clients through assisting them with reaching a legally acceptable
compromise.