The administration and rental of commercial and residential property in the United States is governed by the landlord-tenant law which is comprised of both state and common laws. The relationship between the landlord and the tenant is protected by laws that aims to secure the interest of both parties, who generally wants to avoid hassles in terms of rent collection, repairs and other important issues concerning the lease. These laws and the individual lease agreement prescribe the rights and duties of the landlord and the tenant. Included in the landlord and tenant laws is the housing codes that ensure the habitability and comfortability of rented residential units. Accordingly, a breach of the landlord-tenant agreement, may lead to administrative remedies as provided for by the law.
The Legal Rights and Obligations of the Tenant and the Landlord
The rights of the landlord involved giving the tenant the, a) right of possession of the indicated property, b) the warranty of habitability and c) non-interference in the use of the property (Mayer et al, 2012). The right of possession means that the landlord relinquish the right of use of the property. The right of possession is breached in instances when a third party who has a paramount entitlement to the property cause the deprivation of the property to be used as intended by the tenant and the landlord. A breach of contract happens when the tenant is evicted and deprived of the use of the property. The non-interference of usage is another obligation of the landlord to the tenant, and this includes the “obligation to the tenant not to interfere with a permissible use of the premises” (Mayer et al, 2012). The interference may include factors that cause the tenant to become uncomfortable and deprived of the quiet enjoyment of the property (The Attorney, 2016).
Further, one of the most important responsibility of the tenant is the warranty of habitability. The lease agreement before comes with the doctrine of caveat emptor, where it was posited that once the tenant signed the lease agreement, it was held that everything was checked and the premises are taken for what it is. It is assumed that the tenant has taken the time to inspect the premises, and should not complain later of any defects that were existing and conspicuous during the said inspection. In addition to that, the old common-law once provided that the tenant has the duty to repair defects that are easy enough to fix.
However, recent changes in the landlord-tenant law, specifically the ‘implied warranty of habitability’ applies to residential units. According to this premise, “the landlord is in breach of his lease if the conditions are unsuitable for residential use, when the tenant is due to move in” (Mayer at al, 2012). In an act to amend the Delaware code that relates to the landlord - tenant relationship, §5305 on landlord responsibilities provides that the landlord shall provide for the repairs of the property.
Make all repairs and arrangements necessary to put and keep the rental unit and
the appurtenances thereto in as good a condition was they were, or ought by law
or agreement to have been, at the commencement of the tenancy (Delaware).
In the case of Larry Landlord and Roger Renter, Landlord obviously breached the lease contract entered into with Renter when he refused to repair the leaks despite repeated demands. In Mayer et al (2012), the authors pointed out that a large majority of tenants today are more interested in living in a house that is suitable for dwelling. While the old common-law once expected the tenant to take care of minor repairs, this law is no longer applicable in the current landlord-tenant relationship. This is because the old law was developed and modeled with a lessee who can competently do various kinds of work. The alteration of the laws is attributed to the fact that the majority of people today, especially in urban settings, do not possess repairs and maintenance skills. Moreover, unlike tenants of the past, the tenants today are more mobile and their short tenure in one residential area does not justify the cost of repairs. It should also be noted that house repairs today require specialized skills and tools which the tenant do not possess.
Roger Renter was therefore justified in demanding that Landlord repair the leak in his rented house. It should also be taken into consideration that the Landlord expressly guaranteed that the apartment has no leaks, and the tenant has taken and relied on his words. In another state law, the tenant has the “right to demand that the landlord repair any condition that materially affects your health and safety” (The Attorney, 2016). Based on the premise that the landlord offered the apartment for rent, it is taken to mean that he guarantees the fitness of the apartment for dwelling.
The existence of leaks in the apartment is not only inconvenient for the Renter, but it can also pose danger to the health of the dwellers. When Landlord offered the apartment for rent, he claimed of not being aware of any leaks, and it is possible that the leaks were inexistent during the signing of the lease agreement. However, this non-existence does not preclude him from repairing the damage because it is his obligation as the landlord to take care of the convenience, comfortability and safety of the tenant. In Texas, the tenant rights include the granting by the peace authority an order for “landlords to repair or remedy conditions affecting a tenant’s health and safety” (The Attorney, 2016).
The Legal Duty of the Tenant and the Landlord to Mitigate Damages
The mitigation of damages refers to the reasonable act or diligence done by a person in order to reduce damage or injury. In the case provided, Roger Renter, being the tenant has the legal duty to act in order to lessen the damage caused by the leak. The large leak damaged many of Renter’s valuables, and what he did to prevent further damage was to move away items from the leak, although he did nothing to repair the leaking roof. One can find fault in Renter’s acts, as the law provided some actions that he could have taken when Landlord failed to take action on his complaints. Accordingly, some of the possible actions available to the tenant when the landlord refused to make the needed repairs to protect the health and safety of the tenant are, a) terminate the lease; b) pay someone to repair the leak and deduct the expenses from the rent; or c) the tenant can file a suit against the landlord to compel him to make the needed repairs (The Attorney, 2016). However, the tenant should only take any of the possible actions provided above when it was apparent that the landlord do not intend to comply with his obligation. This is apparent when the landlord did not attend to the problem despite the passage of considerable time after the receipt of the letter or notice.
On the part of the landlord, he has the duty to repair the problem as soon as possible. Upon receipt of the notification from the tenant, the landlord is given a reasonable time to take action, which is presumed to be seven days upon receipt of the notice. It was not lawful for Renter to cause damage to the property (The Attorney, 2016); however, he has the right to withhold the rent as a means to obligate the landlord to make the necessary repairs in compliance with the concept of habitable housing. The law provides that a tenant may withhold a portion or all of the rent until such time that the landlord makes the repair. In instances when the tenant decided to withhold the rent, there are steps that should be taken to ensure that holding back the rent is done accordingly. In the case between Landlord and Renter, the latter can withhold the rent because he was able to establish the a) existence of defects in the property, b) the damage poses danger to the dweller’s health and well being, c) the landlord knows bout the defect.
The Legal Right of the Landlord to Evict Tenants
Landlords have the right to evict tenants on based on several reasons such as causing disturbance to other tenants, exacting undue damages to the property, conducting illegal activities within the unit, and resorting to activities that threatens the safety of others within the building. In some instances, tenants can still be reasonably evicted despite the absences of any wrong doing. An example of these instances is when the landlord decided to live in the apartment, use it for other purposes, and do repairs that requires the dwellers to vacate the place.
In the case of Landlord and Renter, the former has the right to evict the latter because Renter caused undue damage to the property when he threw the baseball bat on the wall that damaged the drywall and knocked out the electrical socket. Renter’s argument that the Landlord’s failure to fix the leak caused the damage was out of context because he could have done his part to mitigate the leak. While he may not have the ability to fix the leak himself, the law is clear about the possible means by which he can solve the problem such as resorting to ‘repair and deduct’ scheme. Under this scheme, the tenant hires someone to do the repair and deduct the cost from the rent.
However, both parties can arrive at an agreement to work out the problem. They can agree on a settlement where both parties will come up with a compromise. While the tenants action is outright wrong, there remains a possibility where they can amicably settle their dispute, and come up with a better agreement concerning the lease. That is, the tenant and the landlord can opt to settle the dispute out of court. This saves time because there was no longer a need to file a suit and both can just settle their differences in a dispute resolution program.
Landlord’s Liability
The landlord would be liable for direct damages for not immediately taking action to resolve the leak problem. As provided for in the law, the landlord must ensure that the unit is habitable and fit to live, and included in this responsibility is the on time repairs and maintenance that keeps the unit habitable and safe to live in. In Landlord and Renter’s case, the unit became uninhabitable because of the leak that caused damage to the tenants’ properties. Landlord was directly liable because it was his responsibility to repair and maintain the roof leak, as it is implied in the law that he guarantees the habitability of the house, including the absence of leaks. Moreover, it should also be noted that the tenant repeatedly called his attention through calls and a notification, but it took him long before he responded to the request.
Renter’s Legal Obligation
Renter has the legal obligation to pay for the damage he caused in the unit. Upon the lease agreement, there is an implied duty on the part of the tenant to take a reasonable care of the unit and its premises. Therefore, he should not take any action that can destroy the dwelling unit. There are remedies available to tenants to compel the landlord to make good on their inherent duty to keep the unit habitable. That makes it unreasonable on the part of Renter to inflict damages to the property.
Conclusion
References
Committee on University and Community Relations and the Office of Personal Safety & Off-Campus Affairs-Division of Student Success, University at Albany. (2010). Tenant and landlord rights and responsibilities.
Delaware Code Online. (2016). 138th general assembly. Retrieved from http://www.delcode.delaware.gov/sessionlaws/ga138/chp513.shtml
Mayer, D., Warner, D., Siedel, G., & Lieberman, J. (2012). Legal aspects of property, estate planning, and insurance.
The Attorney General of Texas. (2016). Tenants' rights. Retrieved from http://texasattorneygeneral.gov/cpd/tenant-rights
