...Landlord – Tenant Law Does Larry Landlord have a legal right to evict Roger Renter? Is Larry Landlord responsible for the damage to Roger Renter's possessions? Did Larry Landlord or Roger Renter have a legal duty to migrate the damages? Is Roger Renter responsible for the damage he caused with the baseball bat? Several considerations will need to be explored to determine the answers. Larry Landlord recently renovated an apartment and put it on the market to rent. Roger Renter saw Larry Landlord's sign for the apartment for rent and wanted to look at the apartment. Larry Landlord showed Roger Renter the apartment, and Roger Renter fell in love with it. Roger Renter noticed all the interior fixture had been replaced and newly painted. Larry Landlord leased to Roger Renter a newly renovated apartment. Roger Renter inquired if there were any roof leaks at the time he moved in due to the exterior of the building showing a little bit of wear. Larry stated that he had never had a leak and was not aware of any leaks. Roger Renter and Larry Landlord entered into a valid rental contract. Roger Renter was happy in the new location due to the apartment being quiet and the neighbors were friendly. Larry Landlord was happy because Roger Renter was a model tenant. Roger Renter paid his rent on time and was quiet and respectful to other tenants. In June when the rains started the roof began to leak. Roger Renter placed a trash can under the leak and did not have any more...
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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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...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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...September 14, 2013, by and between John 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...
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...(this "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...
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...This case involves Peter Poyck verses Stan and Michelle Bryant. Poyck was an owner and landlord of a condominium unit, No. 5-D, located in a building at 22 West 15th Street, New York City. Poyck leased his unit to the Bryants and after three years of the tenants living there; they decided to sign another two-year lease. A few months into the new lease, new neighbors moved in next-door, unit No. 5-C. The new neighbors were smokers and constantly smoked in the fifth floor hallway, a common area, and in their apartment. The secondhand smoke penetrated into the Bryants unit causing them to complain to the building’s superintendent. The superintendent spoke with the smokers, but they refused to listen. The smoking continued so the Bryants decided to contact their landlord, Poyck, to see if he could rectify the issue. Poyck took no action; therefore, the Bryants vacated the premises with sixteen months still left on their lease. Poyck, the plaintiff, sued the Bryants, the defendants, for the unpaid rent. The Bryants argued that the secondhand smoke breached the implied warranty of habitability and thus caused constructive eviction. Constructive eviction is used in the law of real property to describe a circumstance in which the landlord does something or fails to do something that he has a legal duty to provide rendering the property uninhabitable. The landlord made a motion to strike the Bryants’ defense of breach of the implied warranty of habitability and constructive...
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...this lease is on the following terms, covenants, rules, and regulations which that landlord and resident agree to keep and perform. Landlord, and resident agreed that the security deposit was $650 which were paid prior on moving in. The security deposit will be used to pay any damaged mad by the resident or the resident’s family, agents, employees, guests or invitees. Furthermore, it also stated that the security deposit will be utilizes to pay any unpaid rent. The resident can be present when the Landlord, or the Landlord’s agent inspects the premises to determine if any damage was done to the premises, it the president notifies the Landlord by certified mail of the resident’s intention to move, the date of moving, and the resident’s...
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...New Mexico 30 Day Notice to Terminate Rental Agreement New Mexico 30 Day Notice to Terminate Rental Agreement is an instrument used by a landlord to initiate legal eviction of a tenant with no-cause or good-cause grounds. However, it is necessary to serve this notice 30-days prior to the date of eviction. The landlord must retain two or more copies of this form for use in the court during a legal petition filed for eviction. This legal document is in line with the sections 47-8-33, 47-8-37 of NMSA 1978 and Uniform Owner-Resident Relations Act. It is equally applicable to apartments and mobile home parks with 12 units or less. Please understand that mentioning the name of the person serving, mailing, or delivering this termination notice is mandatory by New Mexico law. A landlord...
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...about this subject matter, it was apparent that this topic is both controversial and a source of debate. Rent controlled apartments are those apartments in a building that were built before 1947 and have been occupied by the same family since 1971. These apartments can only be passed down within a family but more specific, to a family member living in the unit for two or more years before the existing tenant leaves or passes away. ‘Less than 2% of the apartments in NYC are rent controlled’ (Naked Apartments website, n.d.). Rent stabilization has no set requirements for an apartment to qualify as rent stabilized but most of the buildings with 6 plus units built before 1947 qualify. Once an apartment is stabilized by the government, the landlord is only permitted to increase the rent by a small percentage annually. The rent was $2000 per month until 2011 when it went to $2500. Once the rent reaches this level, or the tenant earns more than $200,000...
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...Photo Barn is one of three current tenants that have been at Burwood One since October 1997. Our business has expanded and contracted several times over the past 18 years and could be currently categorised as in a stable …. When landlord commenced the centre’s long awaited redevelopment, we, along with the other tenants at the time, had to absorb a significant downturn in our business. When the top carpark was blocked off, we saw an immediate drop off in sales, followed by 18-24 months of depressed sales, directly attributable to the reduced foot traffic. The last 12-18 months have shown some recovery in sales since the building works have been completed. In addition to this, our specific sector in the retail market has undergone radical change due to the paradigm shift to digital cameras and smart phones, and the explosion of online sale of cameras and other hardware. We have adapted to these industry changes and our product mix is even more focused on service delivery, and we are no longer reliant on camera sales to contribute to our sales figures. Photo Barn has always been a high quality photo lab, and our product and service range has adapted and expanded to meet the needs of both the local and wider market. We happily co-exist with low end photo product offerings (K-Mart) and attract a clientele willing to pay a reasonable price for our products and services. As an ever evolving business, we look at ways to grow our product offerings. Currently we...
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...renters and are able to live in a neighborhood for long periods of time. Homeowners purchase homes within a community with the intentions of staying there for years. Both require money and paperwork upon moving in. Renters have to pay the first month’s rent and a security deposit to move in. They also have to fill out a rental application and sign a lease. Homeowners have to provide a down payment as well as pay closing costs upon moving in. They also have to fill out a loan application and sign their mortgage. In addition to comparisons, renting and buying are different in many ways. For instance when renting, the renters are not responsible for any maintenance of the home. Any maintenance needed is the responsibility of the landlord/superintendent. This saves the renter the headache of having to locate someone certified to fix the plumbing or the central heating and air unit. It also saves the renter money. Maintenance is a disadvantage for homeowners. If there is an issue with the plumbing or the central heating and air unit, the homeowner is responsible for the maintenance. Repairs can cost the homeowner time and money. They have to take off work to be home when the repair man shows. The proprietor also has to come out of pocket for these...
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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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...Executive summary The concept of this report is about marketing intervention, which is the price ceiling and price floors. Price ceiling is actually set below the equilibrium price by lowering the price of the goods so that consumers can be able to afford the goods, then price floors which is set above the equilibrium price by increasing the price of some goods in order to protect the interest of some certain producers, and also to see the efficiency and inefficiency of both the price ceiling and price floors. Efficiency which is the economics allocating there resources in a good manner for example government rent control policy and inefficiency, is when the resources are not proper allocated an its example which is the black market and then some graphs that represent the price ceiling and price floors with their explanations and then lastly the real world example of price ceiling and evaluating the effective policy. Price ceiling and price floor are both price controls and also for government to interfere in the free market that changes the market equilibrium price. Price ceiling basically happens when the government puts a legal limits on how high a product price can be and it also disallow prices to exceed a certain maximum that causes shortages in order to be affordable by the consumers, there will be a shortage of goods when ever the price is set below the market price, in this situation demand will be higher or supply will be shortage because consumers will be demanding...
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...AirBnB.com – What’s the big deal? Air BnB is a growing online service which facilitates the availability and marketing of, generally, residential accommodation as tourist accommodation. Airbnb defines itself as a “social website that connects people who have space to spare with those who are looking for a place to stay". The site has been the subject of much debate around its creation of a sharing economy for tourist accommodation which may avoid taxes, expose guests to undue risks, and broadly have a negative impact on legitimate tourist accommodation. The last of these is a real concern as the site lists accommodation under three primary types: 1. “Entire place” – basically a holiday home or unit generally 2. “Private Room” – similar to B & B style accommodation 3. “Shared room” – similar concept / style to a sort of private backpacker accommodation However, by industry practice Air BnB equates to an OTA or booking engine in style and seemingly focuses and attracts micro accommodation providers covering many traditional styles but also simply free bed space (being the original concept). Indeed the term micro-hotel has cropped up a lot lately in line with the service. Basically it facilitates turning homes into tourist accommodation – a lot like a B & B or Holiday Home – so what’s the big deal? AirBnB charge guests a 9-12% service fee every time a reservation is booked, depending on the length of the reservation, and they charge hosts a 3% service...
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...Hemet's blight ordinance misses the mark, is punitive, and will be bad for business. On September 24, the Hemet City Council passed a rental registration ordinance aimed at addressing the problem of blight throughout the city. It passed 4 – 1 with Councilwoman Shellie Milne voting no on the measure. The ordinance requires that landlords register their rental properties with the city, pay for and submit to inspections and undergo “crime-free housing training”. The ordinance, which stems from resident complaints about blight, is unfair to landlords, and does not address the root cause of blight, irresponsible tenants. The root causes of blight in Hemet are the same as in any other city in America today and have little to do with the landlords. It is irresponsible tenants that cause blight. It is irresponsible tenants who would rather spend their welfare checks on alcohol and drugs rather than pay their rent. Without receiving the rents from moochers who are trying to live rent free, there is no money left for managing property and making necessary repairs. What is worse, now we have a harmful new city ordinance that makes it more difficult for the taxpaying property owner to manage his property since the ordinance will ultimately result in property owners paying out more money in both fees and fines. The Hemet city council, in their attempt to satisfy some residents complaints about blight, have ignored the on-going problem...
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