Tenant Protetions in the Law
Each week, you will be asked to respond to the prompt or prompts in the discussion forum. Your initial post should be 75-150 words in length, and is due on Sunday. By Tuesday, you should respond to two additional posts from your peers.
This week’s material discusses some of the rights and duties of landlords and tenants.
- Do you think the law does enough to protect tenants from landlords? What about protecting landlord from tenants?
- What laws are there protecting tenants (or landlords) in your state?
View your discussion rubric
You will be using North Carolina as the state
Week 5 Discussion
I believe the law does protect tenants from the landlords, but at the same time, the law does protect landlords from an unexpected change in their finance. I believe the tenants are protected from landlords in a way where if the landlords threaten tenants, the law will justify if the eviction was fair. But the law also protects the landlords from tenants that are not consistent with their payment towards their bill. Also in the state of North Carolina, there is a North Carolina Landlord-Tenant Law which covers the regulation of both landlord and tenant.
Week 5 Discussion
I think that the laws that are in place allows enough protection for both tenants and landlords. However, the problem comes in how the laws are enforced. Most of the time it takes a lot of time and money to force one party or the other to abide by the protection laws.
In Texas, if there is a breach in the contract, a landlord must give the tenant a 3 day writing notice to leave the premises before filing for an eviction. An eviction filing does not mean that the tenant must relinquish the property. The courts must make a ruling on the eviction (the ruling is most often in favor of the landlord). The tenant usually does not have the right to appeal an eviction.
Also in Texas, tenants do not have the right to withhold rent because of inhabitable conditions
Constructive Eviction and the Implied Warranty of Habitability
Steve is renting a property from Billy. One evening Steve tripped and fell down the stairs. The issue is that one of the stairs in the common area was faulty. Billy knew about the stair, but he had never got around to fixing it.
Steve injured his leg, so he decided to return to his room. The heater was not working (and it was in the middle of winter). Steve had told Billy about the faulty heater for months, but Billy never got around to fixing it. There is a local ordinance that requires landlords to repair heaters. Additionally, assume that this jurisdiction includes the implied warranty of habitability. The jurisdiction recognizes constructive eviction, and it follows the majority rule of when landlords are liable for injuries.
• What causes of action does Steve have?
• What remedies does he have for the faulty heater?
Your paper should be 500-750 words, with at least two cited external sources.