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Larry Landlord has recently renovated an apartment and has putit on the market to be rented for $800.00 a month. Larry Landlord has been inbusiness for approximately five (5) years and has had both positive andnegative experiences with tenants. Larry Landlord is hoping to find a good,long-term tenant for his apartment. Roger Renter saw Larry’s sign for theapartment for rent and thought the location and the apartment would be perfect.Roger met Larry to look at the apartment and Roger fell in love with it. All ofthe interior fixtures had been replaced and the unit had a nice large closet.Roger noticed that although newly painted, the exterior of the apartment didshow a little bit of wear. Because of the condition of the exterior of thebuilding, Roger asked Larry about any roof leaks. Larry stated that he hadnever had a leak and was not aware of any leaks.Roger and Larry entered into a valid contract for the rental ofthe apartment. (Note: The issue of whether or not a contract exists is NOT partof this question. For purposes of this question assume the contract is validand there are no issues with the contract.) Roger Renter was very happy in his new location; the apartmentwas quiet and the neighbors were friendly. Larry Landlord was also very happybecause Roger Renter was a model tenant. Roger Renter paid on time and wasquiet and respectful to other tenants.The part of the country where Roger rented was rainy in thesummertime. Roger rented and moved into the apartment in October. In June, atremendous rainstorm occurred and Roger’s roof began to leak. The leak wasminor at first and Roger merely put a trash can under the leak and had no otherissues that month. When handing over his monthly rent check, Roger told Larryabout the small leak. Larry thanked Roger for letting him know about the leakand told Roger he would have it fixed. The next month the rains came again and the leak grew larger inRoger’s apartment. Roger was not home at the time of the rain and therefore theleak damaged some of Roger’s furniture. Roger called Larry to let him know thatthere was a leak and asked when it might be fixed. Roger also stated that hethought Larry had fixed the roof. Larry curtly stated, “When it rains,sometimes it pours. When it pours, sometimes it leaks.” Roger did not likeLarry’s tone or response and called back to ask when the roof might be fixed.Larry stated, “When I get to it.” The following day, Roger sent Larry a noteabout the roof leak and asked Larry to please address the issue.The week before the rent was due, another rainstorm occurred andthe leak was even larger. This time the leak damaged Roger’s clothing,furniture, and some precious items he had inherited from family members. Rogercalled Larry and asked Larry to fix roof immediately. Larry responded in asimilar and condescending manner. Roger hung up the phone and threw hisbaseball bat against the wall, damaging the drywall and knocking out anelectrical socket. Since it was the rainy season, Roger knew it would rain againand therefore simply moved his items away from the leak and did nothing to helpmitigate the damage from the leaking roof.Larry came into the apartment to investigate the leak and founddamage from not only the leak but also from the thrown baseball bat. Rogerstates that the baseball bat damage was a direct result of Larry’s inability tofix the leak based on his anger from Larry’s curt response.Suppose you are a mediator. In five (5) pages discuss the rightsand responsibilities of the landlord and the tenant in which you:• Explore the legal rights and responsibilities of the tenant andthe landlord. • Decide whether or not the landlord and / or the tenant had alegal duty to mitigate damages. • Determine whether or not Larry has legal grounds to evict Roger.Explain why or why not. • Describe whether or not Roger has a legal obligation to pay forthe damage he caused and determine whether or not Larry would be liable for anydirect damage. • Support each response with facts presented in the scenario.• Use proper legal terminology throughout your responses. • Use at least three (3) quality academic resources in thisassignment. Note: Wikipedia and other Websites do not qualify asquality academic resources.• Format your assignment according to the following formattingrequirements: Typed, double spaced, using Times New Roman font (size 12), withone-inch margins on all sides. Include a cover page containing the title of the assignment, thestudent’s name, the professor’s name, the course title, and the date. The coverpage is not included in the required page length. Include a reference page. Citations and references must followAPA format. The reference page is not included in the required page length.
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