Real Estate Law Essay

Published: 2018-07-31 19:37:21
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Essay

Real Estate and Housing Industry

In the real estate and housing industry, legal rights and responsibility are significant factors when it comes to pursuing and maintaining the relationship that exists between the tenant and the landlord. Providing an example of the United States, house ownership rose at around sixty-seven percent in total of the population that own homes with almost three quarters taking occupancy of the suburbs. Notable, the general population of thirty percent takes the place of the house or apartment renters. In the situation when one wants to rent an apartment, the landlord and the tenant have the responsibility that is reinstated by states law to check and look into the conditions and terms that are governing the whole industry and relationship of various players involved so as to prevent future harassment. Obligations and rights of landlord and tenants are explicitly shown and stated in the Residential Tenancies (Amendment) Act 2015 (Furth, 2016). In this situation that involves the owner and Rodgers, the tenant who is Rodgers is not bound to offer payment when it comes to the Finder’s fee since initially, he was able to meet the landlord devoid of brokers. According to the law, the identity of a tenant and a landlord are perceived by law upon the previously fulfilled agreement either in written or verbal in nature, or through the agreement, Roger is allowed to reside and occupy the premises. Additionally, it is acknowledged that Rodgers renter is well conversant with the condition and the state of the house before the action of occupancy and Larry has assented to the move.

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Rights

Rights of the landlord

Being the house owner, the landlord is by law the dominant and the dictating party when it comes to relating with the renter, and henceforth expectancy is raised on the landlord side to come up with the type of tenancy to be involved. Through the guidance of the law, Larry is provided the right so as to manage and check Rodgers background so as to rest assured on the salary, the nature of his previous rental relationship, references, and history with landlords. Additionally, to achieve the inspectorate sign off that bars the tenant in claiming problems that may arise soon after occupying the house. Notably, through the tenant-landlord law, the law offer permission to the landlord to request for any security deposits that is focused on benefiting the landlord and the tenant. In any case, happenstances will take place in the future for example when the tenant is not able to settle landlords damages rent while residing in their apartment. To be specific, the deposit amount is not the same from the rent that shall be filed in the escrow account and the tenant is not only entitled to the interest that is accrued but also the existing legal claims of the amount during the time of vacation of the premises (Smith, 2014).

If any case there exists any agreement between the landlord and the renter is in a position of preparing the notice of evacuation if in any case, the tenant fails in promptly delivering rent during the first of every month. Additionally, the landlord through is power, able to increase the rent paid or increase the charge on delayed payment. Ideally, in this case, Larry is offered the advice on consulting his attorney before he decides to raise the rent, this should be procedural, and he must first start by checking on the type of tenancy that is in place and terms and conditions that are existing. Besides, taking into consideration of the law, Larry is allowed to penalize Roger’s late payment as early as the second day of the owed month. Additionally, Larry is in his position given the right to dictate that Rodgers abide and maintain the abidance of the tenancy agreement when it comes to other tenant cooperation and violation of this agreement acquittance that’s Larry right when it comes to evicting Rodger. Notably, the landlord is supposed to make sure that the tenant is in a position of benefiting and enjoying the comfort of his apartment through making binding agreement to take care of the tenancy period.

Lastly, the landlord has the owner of the apartment has the full right of getting into the apartment at least once a month unless otherwise. Some of the situations that may lead to such actions include making repairs and checking the premise in case the tenant requests such, additionally prospective buyer and orienting agents and also in the case where an apartment is perceived to be alone for sometimes.

Rights of tenants

Before a tenant move into the house, he has the full rights that are supported by law to offer inspection to the house and is entitled to honest answers in regards to the condition of the house. Through this, informed decision can be made before he can move inside. Additionally, the tenants have the rights for full enjoyment at the apartment devoid of unnecessary commotions and noises, and he can raise complaints if such a situation continue or even persist for a long time. After the tenant has already occupied the apartment to prevent and avoid commotion and friction that may cause a rise in case of inspection, repair or while evacuating the house through a formal notice.

Tenant Responsibilities

The tenant and the landlord having the knowledge of the laws in place to govern their activities in place before coming to the agreement, to ensure a peaceful relationship and enjoyment of the apartment renting, both are supposed to play their responsibility as recorded in the law. The landlord, who are the property owners have the full right of offering well lighted, plumbing and heating to prevent shocks and shortages. Additionally, the landlord should make sure that fire exits, door locks, smoke detectors and extinguishers and doorways are in position and properly located. On the other hand, the tenanting who is renting have the responsibility of paying for their rent without delays and other charges in the renting agreements will be ensured in case the agreement is not fulfilled. Additionally, it’s the responsibility of the tenant to avoid damages and to inform the landlord of any extra person who is living the premise and finally to make sure that the all the agreement with the landlord is kept.

Question 2

Clearly, when making a decision to whether or not the tenant or the landlord possess the legal duty to mitigate damages, according to Lurie,(2016), the landlord has the legal obligation when it comes to reducing the damages. In this case, Rodger who is the tenant has the legal duty in mitigating the damages. Notably, violation of the tenant and the landlord Acts of the year nineteen ninety-four provide either party with allowance to either breach or litigate the contract. Roger was supposed to report the leak to the recommended board which is the local board of health which could have taken the responsible charge of inspecting the apartment and making verification to whether the apartment meets the standards of the state sanitary code. Additionally, the Marshmallow was supposed to be in the mouth of Larry so as to explain the repeated ignorance and masticate through the board.

Question 3

In determining whether or not Larry had the legal grounds of evicting Roger, we realize that Larry have inadequate grounds when it comes to ejecting Roger. Roger possessed all the rights to raise complaints about the state of the house. In this case, some of the leakages involved are the ones who are interfering with the belonging he owns. Any move that will be taken to evict Roger will be frustrated by the clause that views Larry as a landlord who is retaliatory, recognized by the standards and sanitary codes and implemented by the local board of health. To further show how much Larry has an insufficient resource to evict Rodger and its owed to the existence of tenants written explanation known answer, which goes contrary to the move of eviction. Through Rogers reporting about the leak for several times but all he could get was common responses made him direct his anger to the sockets and walls. However, the damages he caused has no any recourse under the law, for this reason, Rodgers will have to pay and will be responsible when it comes to repairing.

Question 4

Rodger, in this case, has the legal obligation to pay for the damages since the damages occurred when he owned the house; furthermore, they were direct actions of his actions. Provided that the damages were as a result of anger that was generated by Larry as a consequence of not repairing the leak on time, it will be treated differently in the court of law. Larry severe failure to fix the leak was supposed to be reported to recognized authority. In the checklist, comparing the condition before and after the occupancy, Roger is expected to pay for the damages either through deduction from the deposit or directly. Besides, Larry owns the responsibility for direct damages since Roger informed him twice and he failed to take responsibility.

Reference

Furth-Matzkin, M. (2016). On the Surprising Use of Unenforceable Contract Terms: Evidence from the Residential Rental Market. Browser Download This Paper.

Lurie, D. (2016). Rental Home Sweet Home: The Disparate Impact Solution for Renters Evicted from Residential Foreclosures. Nw. UL Rev., 111, 239-275.

Smith, H. E. (2014). The Persistence of System in Property Law. U. Pa. L. Rev., 163, 2055.

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