...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 know...
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...Landlord-Tenant Law Introduction Landlord-tenant law is one type of law that describes the rights and responsibilities of landlords and tenants (Portman, 2014). This law includes landlord duties for protection of tenants, and to recover or fix the damages whenever it occurs due to natural disasters. Tenants also have duties to preserve the premises of landlord, to pay the rent on time, not to damage the properties, etc under this law (Portman, 2014). This is a case study about landlord and tenant. In the given case study Roger is tenant and Larry is landlord. This paper is based on the legal duties and responsibilities of tenant and landlord in relation to the case of Larry Landlord and Roger Renter. In the case study one issue arises regarding the damage of property of both tenant and landlord. This case was given to me as mediator to solve the above issue and to give legal solution. This paper is going to address the legal rights and responsibilities of the landlord Larry and the tenant Roger, whether the landlord and the tenant have a legal duty to mitigate damages, whether Larry have legal grounds to evict Roger, whether Roger’s legal obligation to pay for the damage he caused or Larry would be liable for any direct damage. As a mediator I would provide legal advice to landlord Larry and tenant Roger regarding the rights and duties of the tenant and landlord in order to solve their issues at hand. Legal rights and responsibilities of the tenant and the landlord ...
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...Berleen and Jennifer Berleen ("Landlord"), and Amy Ammerman ("Tenant"). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant a two-bedroom house with one full bath (the "Premises") located at 1029 3rd St, Webster City, Iowa 50595. No other portion of the building (hereinafter, the Building), wherein the Premises is located is included unless expressly provided for in this Agreement. TERM. The lease term will begin on October 01, 2013 and will terminate on September 30, 2014, and thereafter shall be month-to-month on the same terms and conditions as stated herein, save any changes made pursuant to law, until terminated. MANAGEMENT. The Tenant is hereby notified that John Berleen is the property manager in charge of the Property. Should the tenant have any issues or concerns the Tenant may contact John Berleen at 3192128268 or by mailing a letter to 3231 Stratford Ln Sw, Cedar Rapids, Iowa 52404. LEASE PAYMENTS. Tenant shall pay to Landlord lease payments of $400.00, payable in advance on the first day of each month, for a total lease payment of $4,800.00. Lease payments shall be made to Landlord at 3231 Stratford Ln SW, Cedar Rapids, Iowa, 52404 which may be changed from time to time by Landlord. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $400.00 to be held and disbursed for Tenant damages to the Premises or...
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...PURPOSE: To persuade my audience to be prepared to protect their rights as tenants by requesting a copy of the Arizona Residential Landlord & Tenant Act. CENTRAL IDEA: With a little advance planning, you can be confident of knowing your rights when problems arise with your landlord. I. ATTENTION STEP (Introduction "attention getter." AND preview statement) Have you ever had cockroaches running through the cupboards in your apartment? been refused an apartment you loved because you and your roommate were not married? or (my personal favorite) waited months for the security deposit you never got back even though you left your apartment as clean as when you moved in? With a little advance planning, you can be confident of knowing your rights when problems arise with your landlord. Let me explain how common landlord-tenant problems are, describe the law that protects both landlords and tenants, and show you how to get a copy of that law with just one phone call. (transition) Maybe you've never had trouble with your landlord, but many tenants do. II. NEED STEP (Identify the problem and establish significance.) A. Tenants frequently victimized ( Arizona Republic, January 10, 1993 Ackerman) B. Landlords increase rent or decrease services (Arizona Republic quote) C. Most tenants and many landlords simply do not understand Arizona's law (Arizona Rental Rights, David Peterson) (trans.) Unfortunately...
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..."Lease") is dated December 01, 2011, by and between Keith Lampkins ("Landlord"), and Adrian Marsh ("Tenant"). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant two bedrooms and a bath; access to living areas and kitchen. (the "Premises") located at 15764 Tern Road, Victorville, California 92394. No other portion of the building (hereinafter, the Building), wherein the Premises is located is included unless expressly provided for in this Agreement. TERM. The lease term will begin on December 01, 2011 and will terminate on July 01, 2012, and thereafter shall be month-to-month on the same terms and conditions as stated herein, save any changes made pursuant to law, until terminated. LEASE PAYMENTS. Tenant shall pay to Landlord initial monthly base lease payments of $200.00, payable in advance on the first day of each month, for a total lease payment of $1,400.00. Lease payments shall be made to Landlord at 15764 Tern Road, Victorville, California, 92394 which may be changed from time to time by Landlord. Tenant agrees to submit payment of all lease payments by personal check, cashiers check, or money order. No cash payments will be accepted. In the event of roommates, or another form of joint or multiple occupancy, Tenant will be responsible for collecting payment from all parties and submitting a single payment to Landlord. Tenant is responsible for any payment made by mail and not received by the due...
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...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. [1] 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 housing...
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...Renters are called tenants. If someone pays rent on a regular basis to live in a home, you are a tenant governed by Florida law. This is true even if there is no written "lease" agreement. Under Florida law, tenants have certain rights they can expect, along with specific responsibilities toward the arrangement with a landlord. The state details those under the Florida Residential Landlord Tenant Act in the Florida Statutes at Part II, Chapter 83. A written lease could also affect a tenant's rights. Tenants should carefully review the lease, but understand that the Florida Residential Landlord Tenant Act prevails over what the lease says. TENANTS' RIGHTS A tenant is entitled to the right of private, peaceful possession of the dwelling. With notice, the landlord may enter only to inspect the premises or to make necessary or agreed repairs. If an emergency exists, the requirement for notice may be shortened or waived....
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...was introduced in New York City after World War I. “Rent-controlled tenants live in buildings built before 1947 and have lived there continuously since 1971. They tend to be seniors on fixed incomes” (Thorbourne, 2015, para 1). City officials believed that the rapid rise in demand for rental units would drive up rent prices therefore price ceilings were instituted. This created a shortage in supply because it was not profitable for builders to continue construction where rent was regulated. Furthermore, a tenant is legally allowed to stay until they died or the agreement could be passed to a cohabitant that resided there for at least two years (Mceachern, 2014, p. 86). This causes an issue for landlords in the sense that they are not remaining profitable because rent controlled prices are dramatically lower than the free market. Landlords often take extreme measures in trying to catch tenants violating their lease so that they can terminate the binding agreement. By terminating the lease the landlord may not be bound by rent control once the tenant vacates. The below paragraphs will discuss the following questions associated when a price ceiling is imposed below the equilibrium level: 1. What happens to the quantity and quality of housing available? 2. What happens to the quality of housing and why? 3. Who benefits and loses from rent control? 4. How do landlords of rent-controlled apartments try to get tenants to leave? What happens to the quantity of housing available? Let...
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...between Landlord and Tenant or Tenants and understood to being included and recognized as Attachment A to modify the Lease (the "Lease") between Landlord and Tenant(s) dated ___________________ __, 2013 as follows: I. AUTHORIZATION OF PET(S) AT PROPERTY LOCATION: Landlord grants permission to Tenant to keep the pet(s) described herein on the Premises (also referred to as "Property") subject to the terms and conditions of the Lease and this Addendum. Landlord may revoke permission at any time if Tenant fails to comply with any of the terms of the Lease and this Addendum. II. SERVICE, GUIDE, SIGNAL, OR SUPPORT ANIMAL: Under the Americans with Disabilities Act (ADA), the term "pet" excludes a service, guide, signal, or support animal used by Tenant because of blindness, or deafness, or because of a physical handicap, or because the Tenant is a handler or trainer of support or guide animals. The ADA defines "service animal" as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. The Tenant does not have a pet that acts as a service animal. The laws of the State of Illinois make it illegal for a Landlord to refuse to rent property or to otherwise discriminate against any person on the basis of a service animal. Service animals and lease agreements are also guided by federal law under the Americans with Disabilities Act as well as under the Fair Housing Act. III. PET DESCRIPTION(S): Tenant is permitted...
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...of the Law of Property Act 1925 provided that it is a ‘term of years absolute’ (s.205) and is created in the correct manner (i.e. if exceeding three years by deed (ss.52 and 54). If not created by deed, the general rule is that the lease will be equitable in nature. A lease will usually carry with it an estate, but this is not necessarily the case: Bruton v London & Quadrant Housing Trust. Requirements for a lease There are three essential requirements where the first two of these requirements were confirmed by the House of Lords in Street v Mountford where Lord Templeman expressed ‘must be granted exclusive possession for a fixed or periodic term certain in consideration of a premium or periodical payments’ however this consideration was not necessary, as could be one peppercorn a year: Ashburn Anstalt v Arnold 1. The estate must be of a duration permitted for a leasehold estate; 2. The grant must give exclusive possession; and 3. The grant must have the correct formalities Duration of Leases Fixed Term Leases The vital feature of a fixed term lease is that there is a fixed maximum duration such as 1month, 3 years, 99 years, 999 years etc. It is perfectly possible, indeed normal, for a least to contain a forfeiture clause under which the landlord can terminate the lease prematurely if the tenant breaks any of the terms of the lease. Some fixed term leases also contain a ‘break clause’ which can be invoked by the tenant. Under such a clause the tenant has a...
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...referred to as "Landlord" and _____________________________, hereinafter referred to as "Tenant". 1. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions contained herein, the dwelling located at _____________________________________________ for the period commencing on the _____ day of __________,20 ___, and thereafter until the _____ day of _____________, 20 ___, at which time this Lease Agreement shall automatically renew each year unless terminated in writing. The Tenant is required to give the Landlord in writing a notice 1 month (30 days) in advance of his/her moving. Notice must be given on the first day of a month. If notice is given after the first day of the month, the 1 month (30 day) notice will not start until the following month. (The notice must be one full calendar month starting on the first day of a month.) Rent may be increased at any time after first year and the security deposit cannot be used for rent. 2. Tenant shall pay as rent the sum of $ ____________ per month, due and payable monthly, in advance, no later than 5:00 p.m. by the fifteenth day of every month. Tenant further agrees to pay a late charge of $___________ for each day rent is not received after the forth of the month to the Landlord regardless of the cause, including dishonored checks, time being of the essence. An additional Service Charge of $_____________ will be paid to Landlord for all dishonored checks. 3. As an incentive to Tenant to make rent...
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...1414 × 2121 Caption Tenants are responsible for repairing damage they cause to their units. Alternate Text Group The only thing worse than water gushing out of your dishwasher is paying a hefty bill to have the problem fixed. If you own your home, the repair bill is all yours and there's probably no way out. If you rent, however, a quick phone call to your landlord may be all you need to get the issue fixed. Even in a rental unit, however, certain repairs could fall on you rather than your landlord. If, for instance, one of your guests puts a hole in the wall or if you cause a plumbing issue trying to install a custom shower head, the repair bill might become your responsibility. Major Issues When rental units are being occupied by tenants, landlords must complete the maintenance and repair work necessary to keep the unit livable. Most states, including California, observe what's called the "implied warranty of habitability." This is just a fancy way to say that the landlord must fix any problems that render the apartment unsafe or unlivable. Problems that affect habitability include issues like a broken hot water heater, damaged furnace, gas leak or a severe water leak that created a moldy wall. Your landlord must fix major problems that impact...
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...with the two-family house and the three-family dwelling. An apartment (in US English) or flat (in British English and often associated with or miscontrued as social housing) is a self-contained housing unit (a type of residential real estate) that occupies only part of a building. Such a building may be called an apartment building, especially if it consists of many apartments for rent. Apartments may be owned by an owner/occupier or rented by tenants (two types of housing tenure). The term apartment is favored in North America, whereas the term flat is commonly, but not exclusively, used in the United Kingdom, Hong Kong and most Commonwealth countries. In Malaysian English, flat often denotes a housing block of lesser quality meant for lower-income groups, while apartment is more generic and may also include luxury condominiums. In New Zealand English, the two terms are independent: apartment has the US sense, while flat usually refers to any rental property, but especially one shared by students or another non-family group. Tenement law refers to the feudal basis of permanent property such as land or rents. May be found combined as in "Messuage or...
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...protections for tenants. If you are the owner of a rental property and frequently deal with residential and/or commercial leases, it is a very good idea to be well versed in the rights of renters so that you can protect your investment and yourself by being compliant with requirements. One of the most common disputes between a landlord and a tenant is the security deposit. While many renters are unaware of their legal rights regarding security deposits, it will not bode well for landlords/property owners to disregard these rights or attempt to find loopholes to get around compliance. Rights of Tenants in Regard to Security Deposits: 1. The Amount of the Security Deposit is Limited - Almost any residential lease agreement in California will...
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...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 may...
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