Mgmt1601 Business Law: Analyses A Assessment Answers

Questions:

Prepare a paper that address the following questions:

1. What steps should Sally have undertaken prior to singing the lease?

2. What responsibilities does the landlord have  toward Sally? Was he legally able to charge her $2,000 as a damge deposit?

Answers:

Introduction

Renting an apartment requires specific procedures to be followed as per the laws in order to prevent future problems between the landlord and the tenants.The study analyses a tenancy law case in relation to landlord responsibilities as well as Sally’s responsibilities as a tenant. Question one of the two analyses responsibilities of a tenant prior to leasing agreement as question two of the paper analyses landlords responsibilities to his tenants.

1. Steps Sally would have undertaken prior to signing lease

According to tenancy procedures, Sally would have started by viewing the apartment which she did in a hurry. Before signing the lease, Sally would have viewed the apartment to check for the damages and ensure that the deal was not a scam. After viewing the apartment Sally would have ask questions relating to the apartment. She could have asked about the policies of the apartment and see it fit for renting (Pfeiffer & Lucio, 2016).  The next important step that would be taken by Sally is research about the landlord. Before entering a binding agreement, one is required to make sure that the person is a good person.

 Sally would have researched about the landlord to savory his reputation, this would have helped her to understand him and avoid the current challenges she going through after signing the lease. After researching about the landlord sally would have examined the damages within the apartment since tenants are obligated to pay for damages before leaving the apartment. She would have taken pictures of the damages to acts evident when she will be leaving the apartment. Checking and having a meeting with the neighbors is also a step Sally would have been taken in order to know people she will be spending time with during her stay in the apartment. More importantly Sally would have read through the lease before signing it and ensure that she doesn’t get into tricky situations with the landlord (Portman & Stewart, 2015).  She would have then asked for a fine detailed document which would have included everything including the issue of heart problem in the apartment. Sally would have organized the apartment finance, gather the important documents request for important documents before signing the lease.

2. Responsibilities of Sally’s landlord

The first responsibility of the landlord is to make an apartment habitable for the tenants before they enter the rental property. Landlords are obligated to provide notices to their tenants in a timely manner.  It is recommended for the tenants to deal with heating problems as well as plumbing problems within the 24hours after learning for the problem. Sally’s landlord should have dealt with the heating problem within the 24hours after Sally have reported the problem. It is not right for Sally’s landlord to tell her to have warm clothes for the low temperature but to make the rental apartment habitable (Latimer, 2014).

The law requires the landlord to rental property damages within the 48hours after learning the damages. It was not only sad but not right for the landlord to pay for the damages before entering the house but it would have been paid by the former tenant. The duty of repairs and maintenance is land lords responsibility and Sally’s landlord would have not charged her $2000 for damages (Horowitz, 2014). It is therefore right for Sally to sue her landlord in the court of law or hold the rental payments until the rental apartment is made habitable with heating condition an all damages repaired.

Conclusion

According to the discussion above, it is upon both the tenants and landlord to provide a habitable environment. The owner of the apartment or the landlord is obligated to ensure that, repairs and house conditions are well met. The tenants on the other hand have the responsibility to make reports to their landlord in relation to rental property and make legal requirement according to the law. In situations where the landlord fails to meet his mandates, the tenants are therefore allowed to take legal actions. 

References 

Horowitz, H. (2014). Liability of Landlord in Tort for Injuries Suffered on Leased Premises--Proposed Statutory Change. St. John's Law Review, 6(1), 11.

Latimer, B. (2014). U.S. Patent Application No. 14/507,399.

Pfeiffer, D., & Lucio, J. (2016). Section 8 Renters in the Phoenix, Arizona, Foreclosure Crisis: Implications for Poverty Deconcentration. Housing Policy Debate, 26(2), 362-379.

Portman, J., & Stewart, M. (2015). Every Tenant's Legal Guide. Nolo.