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Landlord-Tenant Law

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Landlord-Tenant law

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The landlord has responsibilities which include the responsibility to deliver possession of the house to the tenant, duty not to interfere with quiet enjoyment, and a duty to ensure the house is in an habitable condition. The landlord should deliver the house to the tenant at the beginning of the lease. This burden is placed on the landlord because he has more resources over the house than the new tenant. The landlord should not interfere with the tenants right over the house during the period of the lease. Additionally, the landlord should ensure that the house is free from any serious defects that may be harmful to the health or safety of the tenant. In this case, the responsibilities …show more content…

The implied condition of habitability requires the landlord to take measures to ensure that the house meets the minimum standards to protect the health, safety and the wellbeing of the tenants. The landlord must maintain the structural integrity of house in order to comply with the implied warranty of habitability. In this case, the leaking roof was a breach of the warranty of habitability. Therefore, the landlord had a duty to mitigate the damages caused to the house. The remedies available to the tenant in this case is to withhold rent or repair and deduct from future rent. In Green v Superior Court the court recognised that the tenant-landlord relationship imposes upon the landlord the responsibility to maintain the house in a habitable condition. It held that the landlord had a duty to ensure the house is in a condition fit for occupation and repair any dilapidations during the period of the lease. Tenant can raise the defence of breach of warranty of habitability to withhold …show more content…

Most evictions requires a notice demanding that the tenant does something or refrains from doing something or in the alternative vacate the house. The most common cause of eviction is failure to pay rent. This kind of eviction requires a three-day notice to pay the rent or vacate. The tenant can pay the rent before the lapse of the three days to avoid eviction. The tenant must have defaulted payment in order to serve the notice. The tenant can also be evicted for failure to comply or a violation of the tenant agreement. The notice period of this type of eviction is three days and the tenant must comply with the relevant section of the tenant agreement. The tenant can also be evicted for waste nuisance or illegal activity. The three-day notice for this type of eviction requires the tenant to have caused substantial destruction of the house, involved in illegal activities or an arrest on the property. This notice does not give the tenant the option to comply but requires the tenant to vacate before the end of the notice period. There is also the 30-day notice for the termination of tenancy agreement. In this case, Larry does not have grounds to evict Roger. The damage on drywall and the electric socket are not substantial to issue a notice for waste. However, Larry can ask Roger to make repairs. At the end of the lease period, the tenant is expected to return the house to the lands lord in the state it was in before the

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