We learned from Lau and Johnson (2014) text “landlord is the owner of the real property who leases the possessory interest to a tenant (p. 177).” As we can see in this scenario there are limited facts to analyze regarding the landlord-tenant relationship and the month-to-month agreement. Let’s explore the four questions for this week’s discussion which are all about the real property, lease agreement, landlord, and tenant.
Will the eviction order hold up under the stated facts? There may be some things to consider on the eviction order against the tenant to be removed from the landlord’s real property. First of all, in the stated facts, we were not informed that prior to the tenant of …show more content…
If I was the judge in the court, I would first ask the landlord, “Prior to having the tenant renting from your real property with the month-to-month term, were you are aware that the bathroom drywall was showing any signs of damage prior to renting the real property to the tenant?” If the landlord would answer the question “no,” then I would also ask another question to the tenant “Did you, the potential tenant, and the landlord have a walkthrough prior to moving in to the real property? As well as another question direct to the tenant, “was the bathroom drywall showing any signs of damage?” If the tenant had answered with a “Yes” to any of the questions that I would have to wonder why the landlord did not fix the bathroom drywall prior to the tenant occupying the real property. In this scenario, the students were not given all of the facts. In an article 2016 titled Renter’s Right: A Simple Introduction to Landlord-Tenant Law, the author Sarah Davis states that …show more content…
If the tenant had in fact found out that the bathroom drywall showed signs of damage after occupying the landlord’s real property, then the tenant should have immediately documented to the landlord the damaged bathroom drywall. The tenant was still responsible for paying the rent to the landlord. In Davis (2016) article, she had suggested “you must document everything (including the defect to the landlord, giving him a reasonable amount of time to comply... (MoneyUnder30.com, para. 16).” Since the tenant had agreed upon the month-to-month term, he was still liable to pay the rent to the landlord. Just because the tenant had chosen not to inform the landlord of the damaged drywall, the