Tenants' Rights & Duties: A Guide to Tenancy Agreements - Essay Sample

Introduction

Law is evident on the duties and rights of tenants - a tenancy agreement is entered into once a tenant expresses their willingness to be bound by the terms of the landlord. The rental rules are instrumental in ensuring a smooth relationship between the two parties. In essence, when an individual commits a payment to live in an apartment, house, mobile home, or apartment block, he is presumed/deemed to be fully and expressly bound by the tenancy laws of the specific state they are renting the said resident. The law is uniformly applicable to the parties irrespective of the agreed manner of payment monthly, weekly, or regular intervals (Hawley, 2019). The tenancy agreement is applicable regardless of whether the house, apartment, condominium, or mobile home is rented from a corporation, private person, or a governmental unit. These legal duties and rights are derived from the tenant and landlord laws as well as from the tenancy or lease agreement.

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In our case scenario, it would have been significant if Larry stated the responsibilities and duties of governing his apartment to one Roger to avoid ensuing conflicts. Henceforth, the two parties could have been better placed in dealing with the damages and disputes in case of disagreements. The landlord, according to the rental laws, is at liberty to charge a price they deem right for their property (Hawley, 2019). However, the cost price should align with the set market price for the said apartment and based on the nature and condition of such a house. Additionally, being a landlord, Larry is obligated to respond appropriately to complaints raised by their tenants. He has the right to receive and claim the rental money when due. He should also take necessary measures and ensure their property is in the right conditions.

Residential Tenancy

This is the written agreement between the owner and the person requiring the property being leased. A tenancy is the interest in land for a specified period and is acquired through legal means. The residential tenancy agreement has to include the name of the tenant, address of the tenant, name of property or manager, starting date and ending date of the lease, a form of payment by the tenant, standard terms and special terms of the manager (Sullivan, 2006). The manager of the property gets to receive an amount for the period stated hence acting as an advantage to him. The land will be returned to him after the period end, meaning the is no lose inland and only profit.

The use of fixed-term leases helps in providing the landlords with a consistence income fee. The tenants pay the landlords for their piece of land for use. The landlords can see this piece of land bought by the tenants as a way of locking the land and providing security of property to the tenant. The land is secure, and the tenant is free to use without fear of eviction as long as payment is adhered to.

Breaking the agreement means the landlord or tenant will implement some consequences. These consequences may be paying a fine to the tenant, eviction of the tenant or even the arrest of the landlord for not keeping to the agreement. The agreement is taken seriously by both the parties involved. Tenants paying for more extended periods pay less than people paying a month to month rent. The longer the tenant uses the property without changing the land, the lower the price goes for paying and operating on the piece of land provided. The landlord can be seen to benefit more than the tenants in their lands.

It should be noted that the laws that govern the duties and rights between the tenant and landlord are enshrined in the Residential Tenancy Act 2004 and Landlord and Tenant Act of 1995. However, a person who chooses to rent a house in the residential home of the landlord is not covered by the tenant and landlord laws. The tenancy or lease agreement should adhere to the provisions of the Residential Tenancy Act and any other relevant law. Nonetheless, the landlord and the tenant can agree on such matters that are not captured in the Act(s). It is a common palace that both the landlord and tenant have specified duties and rights that are derivable from the tenant laws, tenancy agreement and unwritten rules. However, dispute can emerge between tenant and property owner regarding the accommodation rental fee or repairs. The resulting disagreements can be amicably resolved between the two parties, but through following the necessary legal channels.

Decide whether the landlord and the tenant had a legal duty to mitigate damages

It is prudent to opine that both parties had the legal responsibility to mitigate incurring damages. They, both Larry (property owner) and Roger (being the tenant), were liable for contributory damages. Larry, being the landlord, was negligent in his role to act on the repair default Roger served him. If he acted and took the necessary measures to repair the leaking roof, Roger's property would not have been damaged. The landlord must ensure that their property is in good condition.

On the other hand, however, Roger is legally liable for acting furious and going ahead to damage the wall socket. This is the act of arson and is condoned by the law. As a tenant, he is expected to follow the provided legal procedures and demand for the landlord to repair their apartment (Hawley, 2019). For instance, Roger can file a suit against the landlord for the damages caused by his negligence.

Determine whether or not Larry has legal grounds to evict Roger. Explain why or why not

Evicting a tenant from an apartment is a process subject to appropriate legal procedures. Larry has no reasonable, legitimate grounds to evict his tenant, Roger. To evict him, Larry is obligated by the law to serve him with an eviction notice and in a specified period to give him enough time to vacate the premise (Hatch, 2017). Hereafter, Larry would not be violating the provided tenancy laws if he demands Roger to vacate the building. Damaging the wall socket is not a reasonable ground to evict Roger because advance notice is of crucial consideration here.

Describe whether or not Roger has a legal obligation to pay for the damage he caused and determine whether or not Larry would be liable for any direct damage.

Roger is deemed liable to pay for the damages resulting from the damaged wall socket. Larry has the legal right to charge any price they deem reasonable for the damaged property. The price must be based on the factors to be considered by both parties in their agreement and the current market price of the socket. Larry's reluctant to repair the roof is not a warrant for Roger to cause more damage to the apartment (Sanderson, 2018). He is obligated as a tenant to follow the set legal processions to compel the landlord to compensate for the damages caused to his property. Roger failed as a tenant to take the legally actionable measures and went ahead to damage the building, which is deemed wrong and unworthy by the law.

Yes, Larry has bound the tenant laws and being a landlord, to compensate for damages caused to Roger's items. The rationale behind this is that he acted in failure and negligence to perform the necessary legal duty of repairing the leaking roof. It was him, Larry, who initiated the causation chain of the now legal disputes between the two parties. If he acted on Roger's request and repaired the leaking roof, Roger could not have acted furiously and thus break the said socket.

References

Hawley, J. (2019). One Bad Board Away from Bankruptcy: Housing Co-operatives, Self-Management, and the Landlord-Tenant Relationship (Doctoral dissertation).

Hatch, M. E. (2017). Statutory protection for renters: Classification of state landlord-tenant policy approaches. Housing Policy Debate, 27(1), 98-119.

Sanderson, D. (2018). Determinants of Satisfaction, Loyalty, and Landlord Advocacy amongst Private Rented Sector Tenants in the UK (No. eres2018_81). European Real Estate Society (ERES).