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Please review the detailed information given in the first Module – How to Navigate this Course.
There are two parts for this Contract. We are looking for the ability to read and comprehend the contract so the appropriate contract clause can be applied to the questions connected with each contract. In order to answer the contract fact scenario, you will also need to be able to identify the legal concept that is applicable to the situation described. This is an analysis so please treat it as such. Your personal opinion is not appropriate.
There are correct answers for the prompt. If a student discusses a different legal theory for answering the prompt, partial points will be given. In cases of complete or partial answers, textbook references are mandatory to support the remedy proposed by the student. A textbook reference that has no bearing on the remedy or legal arguments will be counted as “no text”. For example, if any contract has an issue of risk of loss, referencing the text on contract formation will not meet the requirement. The sections of the textbook that you have read contain all the information you need for this analysis. You should only use Chapter 35.
Please remember to reference the applicable parts of the contract that you are using to answer the prompt.
A student will be given 6 points for the textbook reference, 6 points for the contract reference (the actual section), with 27 points for the analysis itself.
The remaining 6 points will be given as a spelling/grammar score. Following is the prompt.
Residential House Lease
The following prompt is based on the Residential House Lease found in the Contracts Module. Please reference the Lease by section number as you answer the prompt. Remember to reference the textbook by chapter and section.
Essay (2 complete paragraphs with text references to support your answers)
Tamika, the landlord, refuses to fix a small leak in the roof that was there prior to the current tenant. Sam, the current tenant, has just discovered the leak after a heavy rain. The consequence is that black mold has been forming in the attic for quite some time. Sam still has significant time remaining on his lease. Sam has notified Tamika in writing by email of the mold and leak issue but has received no response. He is concerned about the premises becoming unsafe to live in. It has been 14 days since he emailed her his notification. What are all of Sam’s options if Tamika declines to do the repairs?
Please discuss all remedies Sam may seek. Please remember to reference the lease and text to support your analysis.
📌 Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!
This assignment requires you to analyze Sam’s legal options based on the Residential House Lease and Chapter 35 of your textbook. Your response must include textbook references, contract clause references, and a well-structured legal analysis.
📖 Step-by-Step Guide for Completing the Assignment
1. Understand the Key Legal Issues
Sam’s situation involves habitability and landlord obligations under the lease agreement. The key legal concepts to focus on are:
✅ Implied Warranty of Habitability – Landlords must maintain safe and livable conditions.
✅ Tenant Remedies for Landlord’s Breach – Legal actions Sam can take if Tamika refuses to fix the issue.
✅ Constructive Eviction – If the property becomes uninhabitable, Sam may have grounds to terminate the lease.
2. Reference the Lease Agreement
🔍 Find the applicable lease sections related to:
- Landlord’s duty to repair
- Tenant’s rights if repairs are not made
- Potential rent withholding or termination options
📌 Include direct references to the contract (e.g., “According to Section X of the lease, the landlord is responsible for maintaining habitable conditions…”).
3. Reference Chapter 35 of the Textbook
📖 Support your analysis with the correct section from Chapter 35 discussing tenant rights and landlord responsibilities.
✔ Example: “According to Chapter 35, Section X of the textbook, a landlord is required to make necessary repairs within a reasonable time after notification…”
🚨 Be precise! An incorrect textbook reference will cost points.
4. Discuss Sam’s Legal Remedies
💡 Sam has multiple options if Tamika refuses to repair the leak and mold issue:
1️⃣ Withhold Rent (if allowed by lease or state law)
- Reference lease section permitting rent withholding.
- Chapter 35 explains tenant rights in withholding rent for uninhabitable conditions.
2️⃣ Repair and Deduct
- If the lease or local laws allow, Sam may hire a repair service and deduct the cost from rent.
- Cite the lease section permitting this remedy.
3️⃣ File a Complaint with Local Housing Authority
- Many jurisdictions have tenant protection agencies that enforce habitability laws.
4️⃣ Legal Action for Constructive Eviction
- If the property becomes unsafe, Sam may terminate the lease and sue for damages.
- Reference lease terms and textbook section discussing constructive eviction.
5. Structure Your Essay (2 Paragraphs Required!)
📝 Paragraph 1:
- Summarize the situation and state the legal issue.
- Reference the lease section stating the landlord’s duty to repair.
- Explain how Tamika breached this duty.
📝 Paragraph 2:
- List all of Sam’s remedies with lease and textbook references.
- Explain how each remedy applies to the situation.
- Conclude with the best legal option for Sam.
6. Proofread Before Submission
✅ Check for spelling & grammar mistakes (worth 6 points!).
✅ Ensure you have correct lease and textbook references (12 points).
✅ Submit your essay on time!
By following this guide, you’ll cover all requirements and maximize your points! 🚀📚
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