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Landlord vs. Tenant

Consider the following hypothetical scenario and then answer the questions below: Larry Landlord rented one side of a duplex to Terry Tenant. Larry has let the duplex fall into disrepair. While having a party on the premises, Terry had an open bar on the balcony. One of his guests, Perry Partier, leaned against the balcony railing, which gave way, and he fell to the ground below, suffering physical injury. Additionally, it was the middle of winter, and while helping another guest bring food in from a car, Larry slipped on ice in the duplex driveway, suffering physical injury. During the party, someone left the sink on, causing a flood and damaging the duplex as well as Larry’s personal property. As a result of these events, Terry decides to withhold his rent until Larry fixes all of the damage and pays for his medical expenses due to his slip and fall injuries. Consequently, Larry locks Terry out of the duplex and refuses him access.
In a 2-3 page paper, excluding the APA cover and reference pages, research and locate the Landlord-Tenant laws from your home state (or another state). Identify the state and the specific statutes. Now, applying those statutes and applicable case law of your state (you are encouraged to check out Westlaw in the GMC Library or other credible online sources such as Google Scholar of Findlaw), identify the potential legal rights, liabilities, and remedies of the various parties in the scenario below. Who may be sued and why? May Terry withhold rent; may Larry lock Terry out of the premises? What legal liability does Larry have, if any, for the flood damage and personal injuries to Perry and Terry?

 

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