Since early American and British law, landlord-tenant laws have undergone a variety of changes that serve a large purpose in defining the relation between the two entities. Originally, the landlord-tenant law viewed the lease as primarily a conveyance of land and didn’t pay much attention to contractual aspects. However, in more recent years, the lease of property for residential or commercial purposes has become more common. Contractual agreements are much more stern and strict in recent law as well. A lease, as mentioned earlier, is the contract in which the owner of property conveys to the tenant the exclusive right to possess the property for a period of time. The different types of tenancies are composed of four main areas. The first of which is tenancy for a term. This entails that the landlord and tenant have agreed on a specific duration of the lease and have fixed the date on which the tenancy will terminate. Tenancy for a term is the most common of the tenancy types. Extensions to the term are most often outlined in the lease agreement and usually specify the terms of an extension if the tenant wishes to do so. These terms may include the rates and length of the extension....
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...This decision was passed in 2014, proving how cases and judgments can make drastic and unforeseen changes in the future. Both cases involve a bully breed of dog that attacked a child, and in both cases, the landlord was held responsible for the well-being of both tenants and guests. The first case involved the tenant secretly housing the dog, which was a breach of the lease agreement, resulting in the reaffirmation of the case. The strict liability clause was not enacted in the first case because the landlord had specified in the lease that no pets were allowed on the premises. Therefore, the landlord should not be held responsible for damages resulting from the tenant's apparent breach of contract. The second case received a lot of attention and created more liability for landlords in Maryland. They would be held directly responsible for injuries involving bully breed dogs as long as the lease agreements did not exclude them.
A freehold covenant is a promise or an obligation made by a land owner to another regarding the use of the land. It is a type of contract within the doctrine of privity and usually the rights and obligations it creates normally bind those that are contracted to it and no one else. A covenant is usually made by deed. A “restrictive covenant” to which the doctrine of (Tulk v Moxhay)1 applies does not need to be created by a deed; it can include “a mere agreement and no covenant”. They are used to preserve some rights of enjoyment or to keep a building or a particular group of buildings to be preserved and kept in a particular way, for example, no erected satellite dishes or fences around the front of the building.
What words come to mind when one hears the words “pit bull?” How about aggressive, violent, or dangerous? In many cases, this isn’t actually true. Because of the negative media attention for attacks on humans and other dogs that pit bull breeds receive, many Americans place a stigma on pit bulls, tagging them as dangerous and vicious. This stigma typically applies to all pit bulls, not just the ones that are actually dangerous. To remedy the issue of dangerous dogs attacking other beings, the legislative act known as breed-specific legislation is being debated throughout the United States. Gary J. Patronek, a veterinary doctor, defines breed-specific legislation as a law than “bans, restricts, or imposes conditions on ownership of specific breeds or dogs presumed to pose greater risk of biting people” (788). Breed-specific legislation is commonly debated in communities that have recently experienced a dog-bite related injury or fatality (Patronek, Slater, and Marder 788). However, this law would ban all dogs of the pit bull breed or any related dog based solely on their breed, rather than disposition. Therefore, breed-specific legislation should not be enacted throughout the United States because is biased against pit bulls and is ineffective in reducing dog-bite attacks by ignoring other aggressive dog breeds.
After the 30th of November 1991, it is an offence to have specially controlled dogs unless it is being held as the result of seizure or destruction. However there is an exemption scheme which lets owners keep the controlled dogs as long as they inform police that the dog has been neutered or spayed and can be identified permanently and as long as there is an insurance plan in place, a fee has been paid and then a certificate of exemption will be issued. Many of the first attacks were from Rottweiler’s and then pit bulls and the Act was speedily passed, some say it being passed so fast has made the draft deprived.
Most of the dogs on this list are common household pets, like the Labrador retriever, and are normally non-aggressive and very friendly. Many times these dogs show no sign of aggression and pose no threat to society. Perspective One Breed-specific laws were put in place with the expectation to help prevent dog bites and attacks. The State and Federal government both came to the conclusion that this is a positive way to promote safety from dog attacks. “Both state and federal courts consistently uphold the constitutionality of breed-specific pit bull laws.... ...
One of the biggest issues with BSL is breed identification. A law that bans a “vicious” being is too broad and can encompass many individuals as it is a personality trait rather than a breed. These laws would then be dependent on what the legislators would define “vicious” to mean. Likewise, there is confusion on what breeds are dangerous. Dogsbite.org claims that breeds such as wolf-dog hybrids, dogo argentinos, presa breeds, cane corsos, and especially pit bulls are indeed dangerous animals and should be banned. However, there are discrepancies involved in even that statement. Of the listed breeds perhaps the most commonly targeted is the pit bull. But what exactly does anyone mean by pit bull? Merriam Webster defines “pit bull” as follows, “a dog (as an American Staffordshire Terrier) of any of several breeds or a real or apparent hybrid with one or more of these breeds that was developed for and is now often trained for fighting and is noted for strength and stamina”. On the contrary, the United Kennel Club has recognized the American Pit Bull Terrier, also called APBT, as a standalone breed since 1898 when UKC founder C.Z. Bennett registered her APBT Bennet’s Ring (Uk...
Regarding tenant improvements, David Merrell, COO of North Forest Office Space, articulates “The more time and money you invest in your landlord, the more time and money a landlord will invest in you. That is, in order to secure the proverbial “riskless” long-term lease, the landlord is more willing to assist the tenant with improvements to the space. The only caveat to this rule thumb is that landlords are less willing when inventory is low and absorption rates high. Likewise, smaller and mid-sized businesses may not be in a position to sign a lease longer than five years, resulting in such firms being required to pay for their own renovations.
The tenure reform was introduced by the Government under the Localism Act 2011 which allowed Local Authorities the freedom and flexibility to introduce a new forms of tenancies. These flexible tenancies allowed social landlords from the 1st April 2012 to offer all new tenants, a tenancy which would be for a fixed term. This was introduce to try and end long term open ended tenancies for public sector tenants and to allow more flexibility for the housing providers to fix tenancies for a period time minimum 2 years, maximum 5 years. Although existing tenants will not be affected by the change in tenancies, and are still secure in their tenancy. By providing flexible tenancies, allows social landlords to be able to manage their social housing more effectively and deliver a better service for local communities. Although not all local housing authorities decided to use
Nationwide, approximately 50 percent of all children will be bitten by a dog before they reach the age of twelve (DeIorio, “Have a Dog-Bite-Free Summer”). In Marion County, Florida, aggressive and dangerous breads of dogs are a “serious issue” for the community according to Marion County Commissioner Jim Payton (Thompson, “County drops '1 free kill'”). Responsible dog owners seem to be unaware of the problem but area residents who have been victims of these attacks have turned to the Marion County Board of Commissioners for help. The local County Commissioners have been wrestling with this issue since October of 2009 when a widow from Ocklawaha, Patricia McBee, had three of her dogs euthanized after they allegedly killed her neighbor’s cat (Thompson, “County drops ‘1 free kill’”). The need for change moved even faster after a 3-year-old little girl was attacked and killed by a dog that was chained to a tree outside her house in Citra (Lee, “Girl, 3, mauled”).
apartments in certain areas of a city. The goal is usually to protect the rights
What do you think of when I say the word pitbull? Do you picture a cute happy dog, wagging its tail happy to see you? Or do you see a mad dog, foaming mouth lunging at small child? If you are a owner of a pitbull then you probably see the happy cute dog. But if you don't own one then chances are you see pitbulls as mean dogs who are a threat to society. The media has painted a picture in our heads that it's in a pitbulls blood to be aggressive. Due to this false accusation, certain cities have banned breeds labeled as “aggressive”. If someone is caught owning a banned breed, the dog is usually euthanized. This is known as Breed Specific Laws or otherwise known as BSL.
Pit bulls aren’t the only breeds that have been discriminated against, the German shepherd, Doberman, Rottweiler and other bully breeds have also been and still are discriminated against. These dogs are still labeled as ‘dangerous’ and some dogs aren’t even allowed in certain states or counties. Many pit bulls and other breeds are surrendered to shelters because their owners insurance will not cover them.
In the case of Love v. Monarch Apartments, there was a written lease agreement and paid security deposit with Monarch and Sharon Love. While living in the apartment the tenant experienced a roach and termite problem. Once the problem because unbearable Sharon Love decided to vacate the premise. I feel that Love did lawfully terminate the lease due to the implied warranty of habitability. This is a warranty implied by law in all residential leases that premises are fit and habitable for human habitation and that the premises will remain fit and habitable throughout the duration of the lease. And just base on that definition the leased property failed to be fit, safe, and suitable for ordinary residential use in which giving the case to Love.
The main problem rent control can create to landlords is the case of the tenant do not move out because of the good rental price. That causes the landlords to lose money by not being able to increase the rental price of their units. Besides, the price of maintenance continues to increase, causing landlords to not earn any profit with their ...
Prior to serving a tenant with a legal notice, it is advisable to contact the tenant and try to resolve the situation. Some landlords opt to start the process with hiring a mediator or solving the problem through negotiation for a more peaceful situation. You can go through the court process If these methods don't work.
Lynn A. Epstein 2006. Article: There Are No Bad Dogs, Only Bad Owners: Replacing Strict Liability With A Negligence Standard In Dog Bite Cases.