Legal Considerations to Evaluate

Legal Considerations to Evaluate

Name:

Instructor’s name:

Date:

Legal Considerations to Evaluate

I would take a look at the legal considerations that I would assess to verify claims of both the landlord and the tenant before making a ruling. The legal considerations are; legality of notices issued by the landlord, the cause/reason of eviction, breach of contract, and action taken by the landlord before evicting the tenant(Rabin, 1984).

Law of contract may be enforced if all elements of the contract were fulfilled when the parties entered into a contract and if the two parties have contractual capacity. In our case, the tenant and landlord entered into a contract and the tenant has breached the contract by failing to pay the rent as per their agreement. Tenant’s acknowledgement that the landlord had been begging for rent proves that it is the tenant who breached the contract. If the landlord proves beyond reasonable doubt that he served the tenant with notice requesting for rent, then he is eligible to be compensated. The tenant is obligated to pay rent whenever it is due, and any notice requesting the tenant for payment of rent must be honored, irrespective of how sufficient it was.

There must be a “just cause” reason for the landlord to evict his or her tenant from a rental unit. The reasons presented here are: non-payment of rent and breach of contract (rental agreement). Another consideration is whether the landlord sought the advice of an experienced attorney before evicting the tenant. In this case, I would presume that the landlord did not seek the services of an attorney.

The legality of evictions should be considered; since the tenant was breaching the terms of their agreement not once but several times, the landlord was justified to evict the tenant. For the eviction notice to be legal it must: be handed over to the tenant in writing and must indicate reasons for possession of the rental unit; indicate the advice can be obtained from residential Rent Stabilization and Arbitration Board.

Based on these findings, it is evident that even though the landlord had every right to evict the tenant, his eviction notice did not contain all the necessary elements to be legal. This made the tenant claim that the notice was insufficient. I would rule in favor of the tenant because she was evicted illegally. The landlord would have written eviction notice had he sought the advice of an experienced attorney.

References

Rabin, E. (1984). The Revolution in Residential Landlord-Tenant Law: Causes and Consequences. 69 Cornell L.