Landlord and Tenant Law Assignment: Lease Analysis and Problem Solving

This assignment analyzes a standard lease agreement, addressing questions about the landlord's and tenant's responsibilities and rights. It examines whether the lease favors the landlord or tenant, detailing the allocation of duties for repair, maintenance, and risk of loss. The assignment further explores a client representation scenario involving a landlord and tenant, identifying key issues such as tenancy at sufferance, failure to provide habitable property, breach of lease, and constructive eviction. It considers the importance of understanding relevant jurisdiction laws when advising the client. The assignment references the lease terms and legal precedents to support its conclusions.

PARALEGAL PROGRAM 1
Paralegal Program
Name:
Institutional Affiliation:

PARALEGAL PROGRAM 2
Paralegal Program
Question 1
A. The lease agreement favors the tenant. It is because it locks the length of lease and the
amount paid for rent; hence, preventing the landlord from changing the terms of the
agreement even if the property value rises.
B. Landlord has the duty to repair and maintain the premises to make it habitable (Portman,
2017). Therefore, it is the landlord who bears the risk of loss of the premises under the
lease.
C. Lease agreement limits the party’s remedies in the event of a breach. Each party has the
right to sue each other if either of them breaches the agreement under the Lease
Arbitration Clause (Portman, 2017).
Question 2
A. The issues that arise from Lucky’s representation are that: (1) there is tenancy at
sufferance, (2) the landlord has failed to perform his legal duty of providing habitable
property, (3) tenant has breached the lease agreement by failing to leave the property
after the expiry of the lease, (4) the tenant’s right to quiet enjoyment of the premises has
been destroyed since he can no longer use one bedroom causing a constructive eviction,
(5) tenant has practice his right of withholding rent for failure by the landlord to conform
to the terms of the lease, and (6) Concealed Dangers (Walton, 2007). On the other hand,
what I would need to know in my jurisdiction before I can answer Lucky's question is
whether the case falls under the common law. It is because under the common law, the
landlord has no duty to make the premises safe (Portman, 2017).

PARALEGAL PROGRAM 3
References
Portman, J. (2017). Negotiate the Best Lease for Your Business (Vol. 3rd Edition). Berkeley, CA:
NOLO.
Walton, G. (2007). Law of forfeiture faced with radical reform — An overview of the Landlord
and Tenant (Termination of Tenancies) Bill. Journal of Retail & Leisure Property, 6(2),
101–107.