Business Law Study Set 13

Business

Quiz 51 :
Leases

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Quiz 51 :
Leases

Refer to the case Hill v London, Stetelman, and Kirkwood, Inc. to answer question as below: Facts to this case • Two roommates died in their apartment from suffocation during a fire. • The apartment did not have fire detectors as required by the city. Case Issue The issue is whether the apartment's owners are liable for the roommate's death. Analysis and Conclusion The court held against the apartment owners. They argued that: • Fire alarm was necessary to ensure the safety of apartment dwellers. • Not having a fire alarm endangered the lives of the tenants by increasing the risk of the fire. The owners are held liable for negligence because they failed to abide by a city rule which required fire alarms intended to benefit the safety of tenants.

Case summary: Ms. PV and her three roommates rented an apartment in NY with a security deposit of $2850 and two month rent of $5700 and property damage deposit of $800. Less than a month after four of them took possession of the flat they found bad bugs and they informed the manager about this. The manager sent extermination every week for the next six weeks but of no effective result. Finally they all have to move out of this apartment and lost their most of their furniture due to bed bugs. The four sought to recover the damages of the furniture and the rent paid to the owner. Conclusion: As per my opinion, the four of them can definitely recover the rent given to the owner of the apartment alongwith deposit and property damage deposit. And also the loss they faced due to damage of their furniture from the owner because the bed bugs were already present in the apartment when they took the possession of the flat and thus it was owner and his manager's responsibility to clean the bed bugs but inspite of trying they failed to do so. Thus as per law, four of them are eligible to recover all the loss they have faced and suffered from the owner.

R assigned his unit to K who moved out after a while and still owing rent. The landlord can still claim rent from R because the lease between R and the landlord was not over yet so R would be personally liable for the rent. In fact, the landlord can claim payment from R , if K didn't pay the entire rent while she was there. Thus, R is liable for the rent throughout the whole lease period.

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