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Answer & Explanation:Larry Landlord has recently renovated an apartment and has put
it on the market to be rented for $800.00 a month. Larry Landlord has been in
business for approximately five (5) years and has had both positive and
negative experiences with tenants. Larry Landlord is hoping to find a good,
long-term tenant for his apartment. Roger Renter saw Larry’s sign for the
apartment 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 of
the interior fixtures had been replaced and the unit had a nice large closet.
Roger noticed that although newly painted, the exterior of the apartment did
show a little bit of wear. Because of the condition of the exterior of the
building, Roger asked Larry about any roof leaks. Larry stated that he had
never had a leak and was not aware of any leaks.
Roger and Larry entered into a valid contract for the rental of
the apartment. (Note: The issue of whether or not a contract exists is NOT part
of this question. For purposes of this question assume the contract is valid
and there are no issues with the contract.)  
Roger Renter was very happy in his new location; the apartment
was quiet and the neighbors were friendly. Larry Landlord was also very happy
because Roger Renter was a model tenant. Roger Renter paid on time and was
quiet and respectful to other tenants.
The part of the country where Roger rented was rainy in the
summertime. Roger rented and moved into the apartment in October. In June, a
tremendous rainstorm occurred and Roger’s roof began to leak. The leak was
minor at first and Roger merely put a trash can under the leak and had no other
issues that month. When handing over his monthly rent check, Roger told Larry
about the small leak. Larry thanked Roger for letting him know about the leak
and told Roger he would have it fixed. 
The next month the rains came again and the leak grew larger in
Roger’s apartment. Roger was not home at the time of the rain and therefore the
leak damaged some of Roger’s furniture. Roger called Larry to let him know that
there was a leak and asked when it might be fixed. Roger also stated that he
thought Larry had fixed the roof. Larry curtly stated, “When it rains,
sometimes it pours. When it pours, sometimes it leaks.” Roger did not like
Larry’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 note
about the roof leak and asked Larry to please address the issue.
The week before the rent was due, another rainstorm occurred and
the leak was even larger. This time the leak damaged Roger’s clothing,
furniture, and some precious items he had inherited from family members. Roger
called Larry and asked Larry to fix roof immediately. Larry responded in a
similar and condescending manner. Roger hung up the phone and threw his
baseball bat against the wall, damaging the drywall and knocking out an
electrical socket.  
Since it was the rainy season, Roger knew it would rain again
and therefore simply moved his items away from the leak and did nothing to help
mitigate the damage from the leaking roof.
Larry came into the apartment to investigate the leak and found
damage from not only the leak but also from the thrown baseball bat. Roger
states that the baseball bat damage was a direct result of Larry’s inability to
fix the leak based on his anger from Larry’s curt response.
Suppose you are a mediator. In five (5) pages discuss the rights
and responsibilities of the landlord and the tenant in which you:
• 
Explore the legal rights and responsibilities of the tenant and
the landlord. 
• 
Decide whether or not the landlord and / or the tenant had a
legal 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 for
the damage he caused and determine whether or not Larry would be liable for any
direct 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 this
assignment. Note: Wikipedia and other Websites do not qualify as
quality academic resources.
• 
Format your assignment according to the following formatting
requirements:
 
Typed, double spaced, using Times New Roman font (size 12), with
one-inch margins on all sides.
 
Include a cover page containing the title of the assignment, the
student’s name, the professor’s name, the course title, and the date. The cover
page is not included in the required page length.
 
Include a reference page. Citations and references must follow
APA format. The reference page is not included in the required page length.

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