This mediation is intended to assist Larry and Roger in reaching an agreement concerning the situation with the leaky roof and damages that have resulted. It is our hope that Larry and Roger can reach a resolution without going to trial on the issue. First, we will discuss the legal rights of both Roger and Larry. We will then address the issues present in the situation and discuss solutions available for each party. Hopefully, this session will result in an agreement between the two that is viewed as reasonable by both parties.
LEGAL RIGHTS
Roger’s Legal Rights as a Tenant
Tenants have the right to live in a rental unit that is habitable or tenantable. A habitable unit is one that is safe to live in and has no structural damages affecting habitability. The tenant is also responsible for keeping the unit habitable. If a landlord refuses to make repairs, the tenant has the right to withhold rent. A tenant may withhold rent only if the fails to comply with requests to make major repairs. Before withholding rent, a tenant must provide the landlord with a seven-day notice requesting repairs to be made. The tenant also may have the right to move out of the unit if repairs are not made. Prior to moving out, the tenant must follow the procedures written in the lease. If there are no lease specifications regarding this, the tenant must give a seven-day notice prior to moving.
Larry’s Legal Rights as a Landlord
Landlords have the right to choose who rents a unit, to set rent terms, and to evict tenants for damaging the property or failing to pay rent. The landlord has the right to receive notice from the tenant regarding damages and must be given seven days to complete the repairs. A landlord has the right to have the rental unit returned undamaged at the end of the lease agreement. The property should be in the same condition as it was when the tenant entered the unit, except for ordinary wear and tear.
ISSUES
After becoming aware of and considering these rights, we can now address the issues Roger and Larry are presented with in this situation. The issues include: Is Larry responsible for fixing the leaky roof? Is Larry responsible for the damages to Roger’s personal items? Is Roger liable for the damages to the wall from the baseball bat? And, was Roger responsible for mitigating damages?
Is Larry responsible for fixing the leaky roof? How soon?
Rule: Landlords have a duty to repair. This duty may be contained in the lease agreement and in an implied warrant of habitability. Under the implied warrant of habitability, the landlord must repair conditions that affect the habitability of the rental unit. A dwelling may become uninhabitable if there is ineffective weather protection on the roof. If a landlord fails to maintain the property, he is in violation of the lease agreement.
Application: Larry has a duty to keep Roger’s rental unit in a livable condition. Since a leaky roof is a structural issue with the unit and effect the inhabitability of the unit, Larry has a duty to fix the leaky roof.
Conclusion: Larry is responsible for the repairs to the leaky roof.
Is Larry responsible for the damages to the furniture and clothing of Rogers and was Roger liable for mitigating damages?
Rule: When an individual suffers damages, he has the legal obligation to minimize the effects and losses if possible. This means that he must avoid the escalation of damages. The duty to mitigate works to deny recovery of any part of damages that could have been reasonably been avoided. Must do what a reasonable person would do under the same circumstances. . An individual cannot recover for damages that could have been avoided.
Application: Roger was responsible for reducing the damages from the leaky roof. This means that he had to move his personal property from below the leak when he was aware that the leak was occurring. Roger did not do this with the first leak that damaged his furniture. He would be responsible for these initial damages. However, the damages that occurred while he was not home may or may not be mitigatable. Roger was not home to remove the items from under the leak when it began to rain. However, Roger was aware that the area leaked during rains. Roger may not be solely responsible for these damages but may have contributed to them to some degree.
Conclusion: Roger is partly liable for the damages to his personal items as he did not mitigate damages as the duty requires. Larry is liable for damages to the roof and partly responsible for damages to Roger’s property, not including the wall.
Is Roger liable for the damages to the wall?
Rule: Tenants must take reasonable care of the rental unit and keep it clean and undamaged. Tenants are responsible for the repair of any damages that result from neglect or abuse. Tenants may not destroy or damage the property. If a tenant damages the property, he is in violation of the lease agreement, and the tenant must pay for the damages.
Application: Roger threw the bat into the wall out of anger. His actions directly caused the damages to the wall. Regardless of why he threw the bat, the damages were caused by his actions.
Conclusion: Roger must pay for the damages to the wall that he caused by throwing the bat.
REMEDIES / SOLUTIONS
Various remedies are available to renters when landlords fail to properly maintain the rental unit. A tenant may give written notice to the landlord that the lease will terminate if the landlord does not fix the problem within 7 days and the tenant may then move out within thirty days. The tenant may notify the landlord that he intends to hire a professional to make the repairs, if the landlord has not replied within 7 days may hire a professional to complete the repairs and provide the landlord with the receipts or deduct the amount from rent payment. If the landlord fails to make the necessary repairs within 7 days of being given notice of the issue, the tenant may reduce the amount of rent by the amount the issue reduces the value of the unit.
In considering the rights of both parties and the issues present, we can now address possible remedies and solutions. We first need to consider what each party would like to do. We need to know if Roger wishes to remain in the unit and if Larry wants to continue renting to Roger. These two issues will determine whether there is a need for an eviction or a termination of lease agreement. Larry may evict Roger for failure to comply with the rental agreement in maintaining the property, and Roger could terminate the lease due to Larry’s failure to keep the property tenantable.
As for the damages, each party holds some responsibility regarding the damages. Larry is responsible for the roof damages and repairing the roof. Larry is also partly responsible for damages to Roger’s personal property as Roger did have a duty to mitigate his damages once he was aware of the leak. Finally, Roger is liable for the damages he caused to the wall with the baseball bat.
Roger and Larry could reach an agreement as to the amount of damages and how they wish to proceed with fixing them. Roger does have the option to withhold a particular amount of rent equal to the damages he sustained that are not fixed by Larry. And, Larry also has the right to evict Larry for the damages Larry caused as it was a breach of the lease contract. After discussing these matters, and coming up to a possible resolution, the two men will be given time to think about what has been discussed. We will take a thirty-minute recess and meet again in the mediation room to conclude with a signing of the agreement between the two men. If they do not wish to reach an agreement, with man is free to file a small claims case.
References
Mallor, J. (2001). Understanding Limitations on Recovery of Damages, Including the Duty to Mitigate Damages. Retrieved from Business Law and the Regulatory Environment: http://www.csun.edu/sites/default/files/blawmitigation.pdf
Rights and Duties of Tenants and Landlords. (2015, June). Retrieved from The Florida Bar: https://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588!OpenDocument
The 2015 Florida Statutes. (2015). Retrieved from Online Sunshine: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html
Unifrom Residential Landlord and Tenant Act. (1972, August). Retrieved from http://theactioncenterco.org/wp-content/uploads/2012/08/Uniform-Residential-Landlord-and-Tenant-Act.pdf
