Landlord-Tenant Law

Landlord-Tenant Law

approximately five (5) years and has had both positive and negative
experiences with tenants. Larry Landlord is hoping to find a good,
long-term tenant for his apartment. Roger Renter saw Larry’s sign
for the apartment for rent and thought the location and the
apartment would be perfect. Roger met Larry to look at the
apartment and Roger fell in love with it. All of the interior
fixtures had been replaced and the unit had a nice large closet.
Roger noticed that although newly painted, the exterior of the
apartment did show a little bit of wear. Because of the condition
of the exterior of the building, Roger asked Larry about any roof
leaks. Larry stated that he had never had a leak and was not aware
of any leaks.Roger and Larry entered into a valid contract for the rental of
the apartment. (Note: The issue of whether or not a contract exists
is NOT part of this question. For purposes of this question assume
the contract is valid and there are no issues with the
contract.)Roger Renter was very happy in his new location; the apartment
was quiet and the neighbors were friendly. Larry Landlord was also
very happy because Roger Renter was a model tenant. Roger Renter
paid on time and was quiet and respectful to other tenants.The part of the country where Roger rented was rainy in the
summertime. Roger rented and moved into the apartment in October.
In June, a tremendous rainstorm occurred and Roger’s roof began to
leak. The leak was minor at first and Roger merely put a trash can
under the leak and had no other issues that month. When handing
over his monthly rent check, Roger told Larry about the small leak.
Larry thanked Roger for letting him know about the leak and told
Roger he would have it fixed.The next month the rains came again and the leak grew larger in
Roger’s apartment. Roger was not home at the time of the rain and
therefore the leak damaged some of Roger’s furniture. Roger called
Larry to let him know that there was a leak and asked when it might
be fixed. Roger also stated that he thought Larry had fixed the
roof. Larry curtly stated, “When it rains, sometimes it pours. When
it pours, sometimes it leaks.” Roger did not like Larry’s tone or
response and called back to ask when the roof might be fixed. Larry
stated, “When I get to it.” The following day, Roger sent Larry a
note about the roof leak and asked Larry to please address the
issue.The week before the rent was due, another rainstorm occurred and
the leak was even larger. This time the leak damaged Roger’s
clothing, furniture, and some precious items he had inherited from
family members. Roger called Larry and asked Larry to fix roof
immediately. Larry responded in a similar and condescending manner.
Roger hung up the phone and threw his baseball bat against the
wall, damaging the drywall and knocking out an electrical
socket.Since it was the rainy season, Roger knew it would rain again
and therefore simply moved his items away from the leak and did
nothing to help mitigate the damage from the leaking roof.Larry came into the apartment to investigate the leak and found
damage from not only the leak but also from the thrown baseball
bat. Roger states that the baseball bat damage was a direct result
of Larry’s inability to fix the leak based on his anger from
Larry’s curt response.Suppose you are a mediator. In five to seven (5-7) pages discuss
the rights and responsibilities of the landlord and the tenant in
which you:1.Explore the legal rights and responsibilities of the tenant
and the landlord. 2.Decide whether or not the landlord and / or the
tenant had a legal duty to mitigate damages. 3.Determine whether or
not Larry has legal grounds to evict Roger. Explain why or why not.
4.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. 5.Support each response with facts
presented in the scenario. 6.Use proper legal terminology
throughout your responses. 7.Use at least three (3) quality
academic resources in this assignment. Note: Wikipedia and other
Websites do not qualify as quality academic resources. 8.Format
your assignment according to the following formatting requirements:
◦Typed, double spaced, using Times New Roman font (size 12), with
one-inch margins on all sides. ◦Include a cover page containing the
title of the assignment, the student’s name, the professor’s name,
the course title, and the date. The cover page is not included in
the required page length. ◦Include a reference page. Citations and
references must follow APA format. The reference page is not
included in the required page length. Grading for this assignment
will be based on answer quality, logic / organization of the paper,
and language and writing skills, using the following rubric.Click here for the grading rubric.

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