Question description

 

Larry Landlord has recently renovated an apartment and has put it on the 
market to be rented for $800.00 a month. Larry Landlord has been in business for 
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.

1. Determine whether or not Larry has legal grounds to evict Roger. Explain why 
   or why not. 
2. 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.
3. Support each response with facts presented in the scenario.
4. Use proper legal terminology throughout your responses.
5. Use at least three (3) quality academic resources in this 
   assignment. Note: Wikipedia and other Websites do not qualify 
   as quality academic resources.
6. 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.