Business Law

Running head: BUSINESS LAW 1
Business Law
Student’s (Name)
Institution

BUSINESS LAW 2
CASE 1
In the following case of Melissa vs David, there is non-payment of rent as per section 59
of Residential Tenancy Act, section 21 of the same act that talks on the landlord withholding his
services can also be applied. Section 21 states that the landlord can withhold any of the services
that he is offering such as maintenance services and food giving the landlord a right to reservice
the rental space without any threats as per section 23.
Melissa’s rights
Melissa has the rights to evict David as provided by section 21 of this act (Residential
Tenancy Act, 2006). This will be done after the court has agreed to this eviction or after Melissa
has given the couple a letter of notice that will notify them of the end of their tenancy period due
to their lack of paying the rent. This notice should clearly show the amount that they are
supposed to give Melissa and any amount that they are required to pay if they would want to
continue staying in the room.
Expected results
As per the provisions of the tenant act it is expected that David and the family will
undergo eviction unless they comply to the notice that they will receive form Melisa within a
period of 2 weeks (14 days), refusing to comply to the notice will be a breach in the tenancy
agreement that is addressed in section 29 of the Residential Tenancy Act 2006 (Smith et al.
2007).

BUSINESS LAW 3
CASE 2
Mr. Justine (the tenant) has the responsibility of ensuring the cleanliness of the property
that he has found according to section 33 of part four that states that the tenant is responsible for
the cleanliness of the rental unit (Shipley and Parsons, 2006).
He is also responsible for the repair or damage that he causes as per section 34 of part
four that states that the tenant is responsible for the repair of the damage committed and any
replacement due to negligence of the on his side.
Mr. Bob who is the landlord has the mandate to safeguard the rental unit property as per
section 20 of part three that articulates the responsibility of landlords, it states that the landlord
should provide and maintain the residential complex as the required housing standards, he is also
in charge of the repairs in the rental unit.
The landlord should include the terms of the repair in the tenancy agreement so that once
the event of damage the tenant is aware of how to deal with the situation (Gazdar and Mallah,
2010).
In this case Mr. Bob is not liable to retain $1324.21 unless this is the total cost that is
required in repairing all the damages (which in this it is not). Mr. Bob should only take the $
1,185 considering that the properties in question have taken two years since they were acquired
showing that they have already reduce in terms of value (Smyth, Soberman and Easson, 1968).
Mr. Bob should consider the nature of the damage in terms of its current value in the
market, the amount required to replace the damaged properties, reasonable out of pocket
expenses that will incur during the period of repair and the wear and tear that it might have
underwent as per section 30 sub section 5. Mr Justine who is the tenant might also decide to take
the carpet for washing or any other option instead of replacing a new one if the Board realizes