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Commercial Law, Essay Example

Pages: 2

Words: 641

Essay

Relevant facts

A lease is an exceptionally strong documentary duly signed by two parties upon agreement. The lease documents has a list of rules and regulations that the lessee takes time to read thoroughly before committing him /herself through a signature. The acceptance to sign the lease document as a lessee means one agrees to abide by the stated rules regardless of whatever comes. The property owner also has a signatory area just in case of any arising issues. Strict terms and conditions apply is such an official document.

Issues

A property owner leased his property (an apartment) to a tenant. The lease period agreed upon was 12 months, during which the tenant was to pay a rent of $11,400 per month, rent being payable in advance on the beginning of every month. Four months down the line, the lessee finds the place inhabitable. There is a noisy neighbor, and on top of that that, a lot of insecurity. The lessee breaks the lease, leaves the house, goes to live elsewhere, and does not plan to pay rent for the remaining period of 8 months. The lesser argues that they had made an agreement that the lessee was to hold the apartment for a term of 12 months regardless of whatever, thus demands his rent for the entire 8 months.

Applicable law

A property owner should ensure his tenants live in peace. He has the duty to police areas around his apartments. If the insecurity is beyond control, then it is the responsibility of the property owner to alert the police. Noise is another item that the property owner should take care of as tenants have a right to enjoy the quietness (Geho, Lahm, and Stowe, Charles 28).  In general, the property owner has the responsibility of taking reasonable steps to ensure safety and comfort ability of his tenants.

Application of law to the facts

When signing a lease, a tenant has the responsibility to abide by the rules and regulations (Bryan and Philippa 8). The lessee and lesser, in this case a tenant and property owner, have cases to answer. While the property owner claims his rent for the entire period of 8 months, the tenant refuses to claim that she is not responsible as she vacated the place. The property owner has breached his responsibilities of protecting his tenants, and the lessee has as well broken a lease.

Conclusion

The property owner claims that, he does not take responsibility of ensuring quietness in the premises, yet he ought to; he violates the tenant’s right to quiet enjoyment. . The fact that the tenant kept on calling the police was for the fear for her own security. At least, at that point, the property owner should have taken responsibility to know the root of all problems. It is the duty of the property owner to take necessary steps to offer protection to the tenants (Geho, Lahm, and Stowe, Charles 30), and in this case, the property owner has violated the warrant of habitability.

The court found out that that by refusing to listen to the plea of the tenant, the property owner contributed to her freeing off, he did not offer the rightful accommodation as agreed in the lease document. The tenant’s decision to leave the apartment is remarkably reasonable as complaints reached the property owner who ignored. There is a notice of evacuation and the reports of domestic violence at the Chicago police station rules in favor of the tenant.

Works Cited

Bryan, Aldrich, and Philippa K. Landlords can’t force you to keep trading–but could seek damages. Emden Cabinet Maker. Issue 5081, (2008) p8. 1p. 1

Geho, Patrick R., Lahm, Robert, and Stowe, Charles. The Commercial Lease: Impact on Nascent Business Tenants through Restrictions on Use of Premises and Limitations on Assignment and Sublease Rights. Allied Academies International Conference: Proceedings of the Academy of Entrepreneurship (AE), Vol. 16 Issue 2,(2010) p26-30, 5p

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