Author Question: Bob and Babs have rented an apartment in a local complex for the last five years. Last year the ... (Read 34 times)

SO00 · **on:** Aug 3, 2018

Bob and Babs have rented an apartment in a local complex for the last five years. Last year the complex was sold to another company. Since then, there have been several major plumbing problems throughout the complex consisting of backed up sewage and other drainage problems. The landlord refuses to correct the problem saying that it is the tenant's responsibility to make the fix. What are the rights and duties of the landlord and the tenants? Explain

What will be an ideal response?

Question 2

A provision included in most agreements of sale that has been interpreted to mean the times, dates, and deadlines set forth in the contract are essential to fulfilling the terms of the contract:

A. Baxendale Rule
B. Execution clause
C. Time Being of the Essence clause
D. Contingency clause

scottmt · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

The landlord must leave the premises in a habitable state. Habitability is the minimum standard of suitability for human living. It has been interpreted as including sanitary and clean living conditions. Bob and Babs may have been constructively evicted because they have to deal with backed up sewage and poor drainage. The premises are substantially unavailable for Bob and Babs. They may be able to bring an action against the landlord.
Objectives:
Describe the rights and obligations of lessors and lessees.
Describe the process of enforcing landlords' and tenants' rights.
Level: Difficult

Answer to Question 2

C