Description
There are two parts for this Contract. We are looking for the ability to read and comprehend the contract so the appropriate contract clause can be applied to the questions connected with each contract. In order to answer the contract fact scenario, you will also need to be able to identify the legal concept that is applicable to the situation described. This is an analysis so please treat it as such. Your personal opinion is not appropriate.
There are correct answers for the prompt. If a student discusses a different legal theory for answering the prompt, partial points will be given. In cases of complete or partial answers, textbook references are mandatory to support the remedy proposed by the student. A textbook reference that has no bearing on the remedy or legal arguments will be counted as “no text”. For example, if any contract has an issue of risk of loss, referencing the text on contract formation will not meet the requirement. The sections of the textbook that you have read contain all the information you need for this analysis. You should only use Chapter 35.
Please remember to reference the applicable parts of the contract that you are using to answer the prompt.
A student will be given 6 points for the textbook reference, 6 points for the contract reference (the actual section), with 27 points for the analysis itself.
The remaining 6 points will be given as a spelling/grammar score. Following is the prompt.
Residential House Lease
The following prompt is based on the Residential House Lease found in the Contracts Module. Please reference the Lease by section number as you answer the prompt. Remember to reference the textbook by chapter and section.
Essay (2 complete paragraphs with text references to support your answers)
Tamika, the landlord, refuses to fix a small leak in the roof that was there prior to the current tenant. Sam, the current tenant, has just discovered the leak after a heavy rain. The consequence is that black mold has been forming in the attic for quite some time. Sam still has significant time remaining on his lease. Sam has notified Tamika in writing by email of the mold and leak issue but has received no response. He is concerned about the premises becoming unsafe to live in. It has been 14 days since he emailed her his notification.
What are all of Sam’s options if Tamika declines to do the repairs?
Please discuss all remedies Sam may seek. Please remember to reference the lease and text to support your analysis.
Unformatted Attachment Preview
RESIDENTIAL HOUSE LEASE AGREEMENT
This Residential House Lease Agreement (“Lease”) is made and effective this [Date] by and
between [Landlord] (“Landlord”) and [Tenant One] and [Tenant Two] (“Tenant,” whether one
or more). This Lease creates joint and several liability in the case of multiple Tenants.
1. PREMISES.
Landlord hereby rents to Tenant and Tenant accepts in its present condition the house at
following address: [Complete Address of House] (the “House”).
2. TERM.
The term of this Lease shall start on January 1, 2019 and end on January 1, 2020. In the event
that Landlord is unable to provide the House on the exact start date, then Landlord shall provide
the House as soon as possible, and Tenant’s obligation to pay rent shall abate during such period.
Tenant shall not be entitled to any other remedy for any delay in providing the House.
3. RENT.
Tenant agrees to pay, without demand, to Landlord as rent for the House the sum of $1,700.00
per month in advance on the first day of each calendar month, at [Address for Rent Payments],
or at such other place as Landlord may designate. Landlord may impose a late payment charge
of $5.00 per day for any amount that is more than five (5) days late. Rent will be prorated if the
term does not start on the first day of the month or for any other partial month of the term.
4. SECURITY DEPOSIT.
Upon execution of this Lease, Tenant deposits with Landlord $1,700.00, as security for the
performance by Tenant of the terms of this Lease to be returned to Tenant without interest,
following the full and faithful performance by Tenant of this Lease. In the event of damage to
the House caused by Tenant or Tenant’s family, agents or visitors, Landlord may use funds from
the deposit to repair, but is not limited to this fund and Tenant remains liable.
5. QUIET ENJOYMENT.
Landlord agrees that if Tenant timely pays the rent and performs the other obligations in this
Lease, Landlord will not interfere with Tenant’s peaceful use and enjoyment of the House.
6. USE OF PREMISES.
A. The House shall be used and occupied by Tenant exclusively as a private single-family
residence. Neither the House nor any part of the House or yard shall be used at any time during
the term of this Lease for the purpose of carrying on any business, profession, or trade of any
kind, or for any purpose other than as a private single-family residence.
B. Tenant shall comply with all the health and sanitary laws, ordinances, rules, and orders of
appropriate governmental authorities and homes associations, if any, with respect to the House.
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7. NUMBER OF OCCUPANTS.
Tenant agrees that the House shall be occupied by no more than [Total Number of Occupants]
persons, including no more than [Maximum Number of Children] under the age of eighteen
(18) years, without the prior written consent of Landlord.
8. CONDITION OF PREMISES.
A. Tenant agrees that Tenant has examined the interior living space of the house and that it is, at
the time of this Lease, in good order, good repair, safe, clean, and tenantable condition.
B. Landlord and Tenant agree that a copy of the “Joint Inspection,” the original of which is
maintained by Landlord and a copy provided to Tenant, attached hereto reflects the condition of
the House at the commencement of Tenant’s occupancy.
9. ASSIGNMENT AND SUBLETTING.
A. Tenant shall not assign this Lease,or sublet or grant any concession or license to use the
House or any part of the House without Landlord’s prior written consent.
B. Any assignment, subletting, concession, or license without the prior written consent of
Landlord, or an assignment or subletting by operation of law, shall be void and, at Landlord’s
option, terminate this Lease.
10. ALTERATIONS AND IMPROVEMENTS.
A. Tenant shall make no alterations to the House or construct any building or make other
improvements without the prior written consent of Landlord.
B. All alterations, changes, and improvements built, constructed, or placed on or around the
House by Tenant, with the exception of fixtures properly removable without damage to the
House and movable personal property, shall, unless otherwise provided by written agreement
between Landlord and Tenant, be the property of Landlord and remain at the expiration or earlier
termination of this Lease.
11. DAMAGE TO PREMISES.
If the House, or any part of the House, shall be partially damaged by fire or other casualty not
due to Tenant’s negligence or willful act, or that of Tenant’s family, agent, or visitor, there shall
be an abatement of rent corresponding with the time during which, and the extent to which, the
House is untenantable. If Landlord shall decide not to rebuild or repair, the term of this Lease
shall end and the rent shall be prorated up to the time of the damage.
12. DANGEROUS MATERIALS.
Tenant shall not keep or have on or around the House any article or thing of a dangerous,
inflammable, or explosive character that might unreasonably increase the danger of fire on or
around the House or that might be considered hazardous.
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13. UTILITIES.
Tenant shall be responsible for arranging and paying for all utility services required on the
premises, except Landlord will provide: water. Tenant shall not default on any obligation to a
utility provider for utility services at the House.
14. MAINTENANCE AND REPAIR.
A. Tenant will, at Tenant’s sole expense, keep and maintain the House and appurtenances in
good and sanitary condition and repair during the term of this Lease. In particular, Tenant shall
keep the fixtures in the House in good order and repair; keep the furnace clean; and keep the
walks free from dirt and debris. Tenant shall, at Tenant’s sole expense, make all required repairs
to the plumbing, range, oven heating apparatus, electric and gas fixtures, other mechanical
devices and systems, and appliances, floors, ceilings and walls whenever damage to such items
shall have resulted from Tenant’s misuse, waste, or neglect, or that of the Tenant’s family, agent,
or visitor.
B. Tenant agrees that no signs shall be placed or painting done on or about the House by Tenant
without the prior written consent of Landlord.
C. Tenant agrees to promptly notify Landlord in the event of any damage, defect or destruction
of the House, or the failure of any of Landlord’s appliances or mechanical systems, and except
for repairs or replacements that are the obligation of Tenant pursuant to Subsection A above,
Landlord shall use its best efforts to repair or replace such damaged or defective area, appliance
or mechanical system.
15. ANIMALS.
Tenant shall keep no domestic or other animals in or about the House without the prior written
consent of Landlord.
16. RIGHT OF INSPECTION.
Landlord and Landlord’s agents shall have the right at all reasonable times during the term of this
Lease and any renewal of this Lease to enter the House for the purpose of inspecting the
premises and/or making any repairs to the premises or other item as required under this Lease.
17. DISPLAY OF SIGNS.
During the last thirty (30) days of this Lease, Landlord or Landlord’s agent may display “For
Sale” or “For Rent” or “Vacancy” or similar signs on or about the House and enter to show the
House to prospective purchasers or tenants.
18. HOLDOVER BY TENANT.
Should Tenant remain in possession of the House with the consent of Landlord after the
expiration of the Term of this Lease, a new tenancy from month to month shall be created which
shall be subject to all the terms and conditions of this Lease, but shall be terminable on thirty
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(30) days by either party or longer notice if required by law. If Tenant holds over without
Landlord’s consent, Landlord is entitled to double rent, pro-rated per each day of the holdover,
lasting until Tenant leaves the House.
19. SURRENDER OF PREMISES.
At the expiration of the Lease, Tenant shall quit and surrender the House in as good a condition
as it was at the commencement of this Lease, reasonable wear and tear and damages by the
elements excepted.
20. FORFEITURE OF SECURITY DEPOSIT – DEFAULT.
It is understood and agreed that Tenant shall not attempt to apply or deduct any portion of any
security deposit from the last or any month’s rent or use or apply any such security deposit at any
time in lieu of payment of rent. If Tenant fails to comply, such security deposit shall be forfeited
and Landlord may recover the rent due as if any such deposit had not been applied or deducted
from the rent due. For the purposes of this paragraph, it shall be conclusively presumed that a
Tenant leaving the Premises while owing rent is making an attempted deduction of deposits.
Furthermore, any deposit shall be held as a guarantee that Tenant shall perform the obligations of
the Lease and shall be forfeited by the Tenant should Tenant breach any of the terms and
conditions of this Lease. In the event of default, by Tenant, of any obligation in this Lease which
is not cured by Tenant within fifteen (15) days notice from Landlord, then in addition to
forfeiture of the Security Deposit, Landlord may pursue any other remedy available at law,
equity or otherwise.
21. ABANDONMENT.
If at any time during the term of this Lease, Tenant abandons the House or any of Tenant’s
personal property in or about the House, Landlord shall have the following rights: Landlord may,
at Landlord’s option, enter the House by any means without liability to Tenant for damages and
may relet the House, for the whole or any part of the then unexpired term, and may receive and
collect all rent payable by virtue of such reletting; Also, at Landlord’s option, Landlord may hold
Tenant liable for any difference between the rent that would have been payable under this Lease
during the balance of the unexpired term, if this Lease had continued in force, and the net rent for
such period realized by Landlord by means of such reletting. Landlord may also dispose of any
of Tenant’s abandoned personal property as Landlord deems appropriate, without liability to
Tenant. Landlord is entitled to presume that Tenant has abandoned the House if Tenant removes
substantially all of Tenant’s furnishings from the House, if the House is unoccupied for a period
of two (2) consecutive weeks, or if it would otherwise be reasonable for Landlord to presume
under the circumstances that the Tenant has abandoned the House.
22. SECURITY.
Tenant acknowledges that Landlord does not provide a security alarm system or any security for
the House or for Tenant and that any such alarm system or security service, if provided, is not
represented or warranted to be complete in all respects or to protect Tenant from all
harm. Tenant hereby releases Landlord from any loss, suit, claim, charge, damage or injury
resulting from lack of security or failure of security.
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23. SEVERABILITY.
If any part or parts of this Lease shall be held unenforceable for any reason, the remainder of this
Agreement shall continue in full force and effect.
24. INSURANCE.
Tenant acknowledges that Landlord will not provide insurance coverage for Tenant’s property,
nor shall Landlord be responsible for any loss of Tenant’s property, whether by theft, fire, acts of
God, or otherwise.
25. BINDING EFFECT.
The covenants and conditions contained in the Lease shall apply to and bind the heirs, legal
representatives, and permitted assigns of the parties.
26. GOVERNING LAW.
It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the
laws of the State of California.
27. ENTIRE AGREEMENT.
This Lease shall constitute the entire agreement between the parties. Any prior understanding or
representation of any kind preceding the date of this Lease is hereby superseded. This Lease
may be modified only by a writing signed by both Landlord and Tenant.
28. NOTICES.
Any notice required or otherwise given pursuant to this Lease shall be either by email as supplied
by each party, in writing; hand delivered, mailed certified return receipt requested, postage
prepaid, or delivered by overnight delivery service, if to Tenant, at the House and if to Landlord,
at the address for payment of rent. An email with a return receipt is acceptable.
IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and year
first above written.
[Signature]
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JOINT INSPECTION
THIS INSPECTION SHOULD BE COMPLETED PROMPTLY FOLLOWING INITIAL
OCCUPANCY OR UPON DELIVERY OF POSSESSION
LANDLORD: [Landlord]
TENANT: [Tenant]
TENANT: [Tenant]
PREMISES: [Complete Address of House]
DATE OF POSSESSION: [Move-in Date]
CONDITION OF PREMISES: INDICATE WITH A CHECK OF EITHER “YES” OR “NO”
IF THE FEATURE IS CLEAN AND UNDAMAGED. IF “NO”, PROVIDE AN
EXPLANATION IN THE “NOTES”, OR IF “NOT APPLICABLE” INDICATE WITH “NA”.
Yes
No
Notes
LIVING ROOM
Walls & Baseboard
Carpet
Drapes, Rods, Hooks
Door & Lock
Coat Closet
DINING AREA
Walls & Baseboard
Carpet
Light Fixture
Windows & Screens
KITCHEN
Walls & Baseboards
Light Fixture
Stove
Drip Pans
Oven
Broiler Pan
Hood, Fan & Light
Refrigerator
Defrosted
Ice Trays
Hydrator Cover
Dishwasher
Cupboards
Drawers
Counter
Sink
Disposal & Stopper
Floor
HALL
Walls & Baseboards
Carpet/Floor
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Light Fixture
Linen Closet
BATHROOM – 1
Walls & Baseboard & Sink
Counter
Cabinets/Mirror
Toilet
Bath Tub/Shower
Light Fixture
Floor
Tissue Holder/Towel Bars
BATHROOM – 2
Walls & Baseboard & Sink
Counter
Cabinets/Mirror
Toilet
Bath Tub/Shower
Light Fixture
Floor
Tissue Holder/Towel Bars
BEDROOM – 1
Walls & Baseboard
Windows & Screens
Drapes, Rods & Hooks
Light Fixtures
Carpet
Closet
Floor
BEDROOM – 2
Walls & Baseboard
Windows & Screens
Drapes, Rods & Hooks
Light Fixtures
Carpet
Closet
Floor
DEN or BEDROOM – 3
Walls & Baseboard
Windows & Screens
Drapes, Rods & Hooks
Light Fixtures
Carpet
Closet
Floor
BASEMENT/FURNACE ROOM
Furnace
Washer & Dryer
Water Storage Tank
MISCELLANEOUS
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Balcony/Patio
Storage Area
Garage
Mailbox
OTHER
FURNITURE INVENTORY (If the furniture is provided by Landlord)
Item
LIVING ROOM
Couch
Chairs
Lamps
Coffee Table
End Table
Nbr
Item
Nbr
BEDROOM 1
Beds
Dressers
Mirror
Nightstands
Lamps
DINING AREA
Table
Chairs
Hutch
BEDROOM 2
Beds
Dressers
Mirror
Nightstands
Lamps
KITCHEN
Stove
Oven
Refrigerator
Dishwasher
Table
Chairs
BEDROOM 3
Beds
Dressers
Mirror
Nightstands
Lamps
LAUNDRY/UTILITY ROOM
Washer
Dryer
DEN / STUDY
Desk
Chairs
Tables
Bookcases
Lamps
OTHER
The parties acknowledge that the above inspection was made on ___________________, and
that the conditions of the premises and the inventory of furnishings and appliances is as shown
above. The parties further agree that a copy of this Joint Inspection was provided to Tenant.
[Signature]
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Purchase answer to see full
attachment
