Property letting leads to a creation of a relationship between the involved tenant and the landlord. Regardless of whether the agreement reached is formal or informal, both find themselves under the laws of the state where the property is located and therefore have to abide by the state’s specific regulations. The regulations outline the rights and duties of the tenants as well as those of the landlord. They also describe the procedural steps that each party is required to take in seeking conflict resolution should one of them fail to honor the contract. These regulations apply not only to private tenants but also corporations and governmental organizations (Portman & Weaver, 2016). While there might be variations in these laws from one state to another, there are general obligations that are common to property letting agreements in all the states and the mitigation of differences between the involved parties depends on the proper understanding of these requirements. This paper, therefore, explores the rights and responsibilities of both the tenants and landlords and the legal procedures of real estate dispute resolution.
Usually, the property letting agreement involves the signing of a contract between the landlord and the tenant. The agreement outlines, among other things, the obligations of the lessee. The payment of the agreed amount of rent at the agreed time is an essential responsibility of any tenant (Portman & Weaver, 2016). Some contracts may require one to commit themselves to monthly payments while others demand six months or a full year rent payment. Whichever the case, it is the tenant's responsibility to understand these requirements before committing themselves because failure to honor them amounts to a breach of contract. In the light of the case involving Larry Landlord and Roger Renter, therefore, the mediators should have first begun by clearly stating the rights and responsibilities of both the property owner and the tenant to make sure that they understand the legal proceeding.
The rights of the tenant
As aforementioned, the rights and responsibilities of tenants and landlords may vary from state to state. Among the common ones, however, is the right to property maintenance by the owner. These duties include repairing of all the appliances, the sewerage system, and the whole structure in general. It is also important to note that this should be done promptly without any unnecessary delays.
The laws in several states also include the tenant’s right to privacy which prevents the landlord from entering the property without the tenant’s permission. The landlord can only access the property at a mutually agreed time. If any repair and maintenance need to be done, the landlord should then serve the tenant with a written notice in advance stating their intention to enter the property. One also has a right not to be discriminated against by their race, color, social status, sexuality, religion, or any other form discrimination during the letting process and their tenancy period.
As a tenant, one has a right to be informed in advance of any expected changes in the contract or any other arrangements between the landlord and the tenant. This should be done in writing with reasons for changes stated. Additionally, one should be served with a written notice in case of an eviction. The notice should explain, among other things, the reasons for the removal and the date they are expected to leave the property. The notice should give the tenant an adequate time to vacate the premises. It is the tenant’s right also to have their rent deposit refunded if they wish to move out of the property at the end of the stated time in the contract. The amount refunded, however, is what remains after any deductions meant to cover the damage expenses, any unpaid rent, and other relevant penalties.
The duties of the tenant
Property letting contracts usually include, among the requirements, the tenant’s obligations to pay certain fees as penalties for failure to pay the rent within the time specified in the contract. In an event where the tenant has failed to meet the agreed time deadline, therefore, it is their duty to pay the penalty fees agreed as a way of honoring the contract. Tenants are also expected to practice proper and timely waste disposal within the property. Maintaining a clean and healthy environment is among the common responsibilities of the tenants, and everybody should abide by this regulation. The landlord should, however, ensure that their property is in a proper condition to facilitate the maintenance of cleanliness. Mr. Roger’s inability to keep the house clean due to the leaking roof, for instance, could not warrant any penalty because it was as a result of the landlord’s failure to repair the property.
It is the tenant’s responsibility also to make sure that they properly maintain the property. They should make sure that, as much as possible, the property remains the way they met it and report any structural damage to the landlord for immediate repair (Goho, 2016). It is the tenant’s responsibility to protect the property from being damaged by either their children or any other person they host. The tenant should also not let the property or part of to a third party without first informing the landlord and obtaining a proper consent neither should they accommodate additional tenants against the requirements of the contract. As one of the responsibilities, they should maintain a peaceful coexistence with their neighbors and refrain from creating safety hazards at all times.
The rights of the landlord
The property owner has a legal right to collect the rent in it right amount and at the right time as agreed in the contract. They also retain the right to increase the rent as long as they do it in a legally acceptable manner. This includes giving the tenant a timely written notice explaining the reasons for the increment. The landlord also retains the right to carry out random inspections of their property to make sure that it remains in its good condition. These inspections can, however, be done during the agreed time and upon issuing a written notice. Finally, the landlord has a right to have their property maintained well free from any malicious damage and disturbance to their tenants.
The responsibilities of the landlord
It is the owner’s duty to ensure that the safety of the premises. This includes the making sure that the property is safe from outside threats and unruly tenants who disturb others’ peace. They should maintain the property by making the necessary repairs in time and most importantly inform the residents when any changes that might affect them are about to be made.
Determining whether or not Larry has legal grounds to evict Roger
The laws that define the legality of a tenant’s eviction from one’s property may slightly differ from one state to another. The most important thing, however, is that for a property owner to evict a tenant they have to do it according to the law. Among the common issues that could form the grounds for a one’s eviction include the property damage, failure to pay the rent, and the violation of rental contract (Moskovitz, 2016). According to the evidence from the case, Roger’s actions damaged the wall and the electrical socket, and therefore this gives Larry a legal ground to evict him (Moskovitz, 2016). To do so, however, Larry has to give Roger a legal notice and allow him a legally acceptable period to vacate the premises.
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
It is worth noting that among the tenant’s rights are to have the property repaired by the landlord. In this regard, if any of the tenant’s belongings are damaged due to the owner’s failure to maintain the property in good condition, then it is the property owner’s liability, and they should pay for the damage. In the case involving Larry and Roger, it is evident that Larry was legally negligent and should, therefore, pay for the cost. His failure to repair the leaking roof despite several requests from the tenant proves that he is directly responsible for the damage of Roger’s belongings and should be held to account.