Sample Law Tenancy Case Study

Tenancy Case Study

The lease agreement is a document used when two party’s lessor and lessee are entering into a fixed term contract. It is used to outline the responsibilities and obligations of each party. The lease explains the details that the tenant and the landlord have agreed upon concerning the terms of the lease. For instance, it states the monthly rentals to be paid by the tenant and the length of the lease. It also explains the party that will be responsible for the upkeep of the property. It is advisable for both parties to understand the lease since it is used in the court of law for any conflicting issue (Stewart, Portman, & Warner, 2013).

According to the tenancy case study, Sally trusted the landlord and signed the lease agreement without reading it. Before signing the lease, Sally could have made sure that she understands all the provisions of the agreement. Sally was hence required to:

  • Ask for the lease agreement from her landlord.
  • Read and understand the lease.
  • Verify the commencement date of the lease.
  • Confirm the rent amount payable and the date it falls due.
  • Check the payment details including the mode of payment required to pay rent.
  • Understand her responsibilities and those of her landlords.
  • Confirm the expiry dates of the lease.
  • Check any other applicable payments that are required to be met by the tenant.
  • Ask for clarification in case of any disagreeable provision.
  • Request for the amendment of the provisions that she was not comfortable with, in the lease.
  • Read the revised agreement.
  • After being satisfied with the terms and conditions, she could now sign the document.

The signed tenancy agreement created the responsibilities and the rights that are to be observed by Sally and her landlord. The landlord is supposed to be responsible for providing and maintaining the premises in a reasonable condition. He could not just suggest to Sally to wear a sweater since the apartment was unreasonably cold. He was supposed to comply with the health and safety standards to ensure the health of the tenant is no at risk. When Sally was entering into a tenancy agreement, there were minor damages to the walls, and he had promised to repair them on her behalf if she was okay with it. Failure to carry out the necessary repairs could result into breaching of the contract and should be held liable. He should as well pay the damages that Sally will incur as a result of his negligence. According to the tenancy agreement, the landlord is legally allowed to charge tenants security deposit which is supposed to meet the unpaid rent and to make repairs that are beyond normal wear and tear during the lease period. The amount should be equal or double the monthly rent (Stewart et al., 2013).

Conclusion

A tenancy agreement is used to explain the terms and conditions that are supposed to be observed by both the tenant and landlord. Both parties should understand their responsibilities as stipulated in the lease agreement and request for alteration of provisions that do not favor them. The landlord is legally responsible for providing and quiet and enjoyable premise. The tenant should pay rent on time, keep the premises clean and notify landlord when wear and tear repairs are needed.

 

Reference

Stewart, M., Portman, J., & Warner, R. E. (2013). Leases & Rental Agreements. Berkeley, California: NOLO.