Landlord-Tenant Law
The situation that arose between Larry Landlord on the one side and Roger Renter on the other with respect to the leased apartment is governed by landlord-tenant law. Both parties violated the provisions of the lease
agreement and failed to perform their duties under it. Still, the tenant was not obliged to mitigate damages, and failure to do it did not constitute legal grounds for his eviction. Landlord, as well as Renter, should be liable for the harm caused to the other’s party property and could be sued for damages on this basis. Such circumstances demonstrate that landlords and tenants have not only rights but also important obligations to be executed as a part of the lease.
The legal rights and duties of Landlord and Renter exist under the lease contract that was concluded between them. Pursuant to such agreements, one party, a landlord, who owns the estate subject to the lease, gives a leasehold interest in this property to the other party, which is referred to as a tenant (Beatty & Samuelson, 2016). Both landlord and tenant undertake certain obligations with respect to the estate and receive rights that can be enforced by them. Importantly, a duty of one party corresponds to the right of the other to demand its fulfillment. In addition to the clauses the parties have consensually agreed to, there are warranties that are implied by law (Mann & Roberts, 2016). Although contract terms and implied warranties may vary depending on the parties’
agreement and applicable state law, generally, the responsibilities of the parties regarding the possession of leasehold estate, its maintenance, and payment of the rent are governed by the similar rules. Hence, the parties
should not only adhere to the agreed terms but also to the provisions of state landlord-tenant law.
The primary obligation of a person who agrees to lease property is to provide the other party with the estate itself. This requirement, which is also referred to as a duty to deliver the possession, is considered met
after the tenant receives a building or an apartment in a condition that allows using it for the required purposes (Beatty & Samuelson, 2016). In case a landlord fails to deliver the possession of the estate or, alternatively, former tenants refuse to leave the premises, the available remedies will depend on the rules applicable in particular jurisdiction. While in some cases the landlord would be obliged to make the tenants vacate the premises, in others, such a duty may rest with the new tenant. Another crucial duty a landlord owes to a tenant is called a covenant of quiet enjoyment and is either envisaged under the lease contract or implied by law (Twomey, Jennings, & Greene, 2017). It empowers those who lease the premises to demand not to interfere with their leasehold interest from the owners of the property. If a landlord breaches this duty, the tenant …
