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Recovering Lease Damages Law Paper Assignment
Question: Leon has come to you for legal advice. Leon wants to be compensated for the rent he lost prior to reletting the unit. He also wants to recover the $250 he spent to replace his damage landscaping. How much can Leon recover in damages against Teresa or Mabel? What counterclaims may be brought against Leon if he sues Teresa or Mabel?
Solution:
Introduction
The main issue is the breach of the lease between the Tenant and the landlord. According to the case, Leone owned a duplex in Navasota which he decided to rent one part of the unit to Teresa. They signed asix-month lease where Teresa would pay Leon $5700. The rent was $950 a month. As part of the agreement, Teresa was to take care of the lawn and water the flowers and landscaping of which she would receive a $50 discount in monthly rent and pay $950 instead of the regular $1000 that Leone charged. During the time of leases, Teresa left to attend to her brother. However, she left her friend Mabel to stay in the house. Mabel Paid the rent $950 in the third month. However, she failed to take care of the lawn at this Leone requested $1000 rent. He also cut off water, which sent Mabel packing. At this Leone advertised house for rent. When Teresa came, water was not turned until she paid for $1000 monthly rent and an addition $1000 as a damage deposit for his drug-addicted brother and another $250 for the damaged lawn. Teresa refused and terminated the lease.
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Law
According to the law on the lease agreements between the Tenant and the landlord, there are five types of breach of a lease which looks at; the default of the debtor, the general being, default of the creditor, Repudiation, positive-mal-performance and the prevention of performance. In the case of Leone and Teresa, a breach of lease occurred with three months into the contract were on the side of Teresa, she failed to honor the terms of the lease and Mabel whom she left in the property vacated the property (JEUNG, 2017). Teresa on her side also decided to terminate the contract by stating that Leon was in breach for failing to ensure that she had running water in her house that Teresa claimed to be necessary. According to the laws of contract, this type of breach is known as Repudiation since the Tenant failed to perform her contractual obligations for which she was supposed to take care of the lawn and the flowers leading to damages (JEUNG, 2017). In this view, Teresa was in breach of the contract. Also according to the case in question, Teresa also failed to pay for the damages caused by not watering the lawn and the flowers while she demanded water be streamed to her house, irrespective of the damages caused (Bernhardt, 2017).
Advice for Leone
In this case, Leone has proper grounds to demand damages, where the one thing she will have to do is follow the three main remedies for breach of contract that are execution, cancellation of the contract and a claim for damages. In this case, Leone was an innocent party and had the right to claim for damages (JEUNG, 2017). According to the law on lease agreements, the tenant is supposed to pay the landlord for all the damages related to the rented property in the event that she terminates the lease, or there was a wear and tear during her time of lease. However, the landlord cannot demand for interest on security deposit and cannot apply security deposit to any due rent during lease. (Bernhardt, 2017).
Conclusion
In summary, Leon can only claim for damages from Teresa for breaking the lease contract and moving out and not paying the rent due for the lease balance. He also has the right to claim $250 for damages to the lawn and flowers. Teresa, on the other hand, will have to deliver the performance she agreed on; however, she will not pay for having an additional person in the house.
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