Residential House Lease Agreement Analysis

Question Description

Kindly use the attached files when you write the analysis

You will be given 2 contracts with questions to be answered for each contract. I am 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 each question. If a student discusses a different legal theory for answering the questions, partial points will be given. In cases of complete or partial answers, text references are mandatory to support the remedy proposed by the student.

Please remember to reference the applicable parts of the contract that you are using to answer each question.

Each question is worth 14 points. Within each question, a student will be given 2 points for the text reference, 2 points for the contract reference, 4 points for spelling/grammar, with 6 points for the analysis.

The remaining 5 points will be given as an overall score for the entire assignment. Following are the prompts:

Residential House Lease

The following question is based on the Residential House Lease found in the Contracts Module. Please reference the Lease by clause number as you answer the questions.

  • Essay (1-2 complete paragraphs with text references to support your answers)

Maria, the landlord, refuses to fix a small leak in the roof that was there prior to the current tenant. Juan, the current tenant, has just discovered the leak after a heavy rain. The consequence is that black mold has been forming in the attic. Juan still has significant time remaining on his lease. Juan has notified Maria in writing of the mold and leak issue. He is concerned about the premises becoming unsafe to live in. It has been 14 days since he emailed her his notification. What are Juan’s options if Maria declines to do the repairs?

UCC Sales Contract

The following question is based on the Sales Contract found in the Contracts Module. Please reference the Sales Contract by clause number as you answer the questions. Remember, this is a contract under the UCC.

  • Essay (1-2 complete paragraphs per essay with text references to support your answers)

You received non-conforming goods as a result of an ambiguity in the contract. You ordered goods thinking it was a particular product. You wanted Razor scooters and that was the original oral communication when the selling merchant was first contacted by you. You both agreed on Razor scooters. Thereafter, in phone conversations, you and the seller just talked about scooters. The seller prepared a written contract. The selling merchant shipped scooters but not Razor scooters. Upon receipt of the goods, what are your merchant options under the contract?

Why are text references important? Contract language does not exist in a vacuum. It is written based on the law. It is critical, therefore, to cite to the text to support your analysis.

Unformatted Attachment Preview

SALES CONTRACT This contract for the sale of goods is between Donald, an LLC organized under the laws of the State of “Oz”, the “Buyer , and Tome Jones, a sole proprietor, organized under the laws of the State of Deliah , the “Seller ”. The parties agree as follows: 1. The Seller shall sell to the Buyer and the Buyer shall purchase from the Seller the goods set forth on Exhibit A in the quantities and at the prices stated Goods in Exhibit A. Unless otherwise stated in Exhibit A, the Buyer shall pay all taxes and third-party expenses imposed on, in connection with, or measured by the transaction contemplated by this agreement in addition to the prices set forth on Exhibit A. 2. Unless otherwise stated in Exhibit A, payment for the Goods is due within 30 days of the date of the Seller’s invoice, which date will not be before the date of the Seller’s delivery of the Goods. The Buyer shall pay a delinquency charge of the lesser of (1) 1% per month and (2) the highest rate allowed under applicable law on all overdue amounts until the amounts are paid. 3. The Seller shall deliver the Goods to the Buyer’s facility in Pussycat Alley, City of Deliah, and title to and risk of loss of the Goods will pass to the Buyer upon such delivery by the Seller. Any stated delivery dates are approximate. The Seller will not be liable for any losses, damages, penalties, or expenses for failure to meet any delivery date. 4. The Goods are being sold “as is,” and the Seller disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose. The Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the Goods and that no such statements or representations have been made. The Buyer acknowledges that it has relied solely on the investigations, examinations, and inspections as the Buyer has chosen to make upon delivery and that the Seller has afforded the Buyer the opportunity for full and complete investigations, examinations, and inspections. 5. The Seller will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates whether for breach of contract, tort, negligence, or other form of action and irrespective of whether the Seller has been advised of the possibility of any such damage. In no event will the Seller’s liability exceed the price the Buyer paid to the Seller for the specific Goods provided by the Seller giving rise to the claim or cause of action. 6. No action arising out of or relating to this agreement or the transactions it contemplates may be commenced against the Seller more than 12 months after the basis for such claim could reasonably have been discovered. 7. The Buyer hereby grants to the Seller a security interest in the Goods sold to the Buyer under this agreement and any proceeds therefrom (including accounts receivable), until payment in full for the Goods has been received by the Seller. The Buyer shall sign and deliver to the Seller any document to perfect this security interest that the Seller reasonably requests. 8. (a) The laws of the Oz shall govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement. (b) A party bringing a legal action or proceeding against the other party arising out of or relating to this agreement or the transactions it contemplates must bring the legal action or proceeding in any court of the Oz. Each party to this agreement consents to the exclusive jurisdiction of the courts of the State of Oz and its appellate courts, for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates. 9. The Seller will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Seller’s reasonable control. 10. The Buyer may not assign any of its rights under this agreement or delegate any performance under this agreement, except with the prior written consent of the Seller. Any purported assignment of rights or delegation of performance in violation of this section is void. 11. In any adversarial proceedings between the parties arising out of this agreement or the transactions it contemplates, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs, including legal fees and expenses. 12. This agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties. 13. No amendment to this agreement will be effective unless it is in writing and signed by both parties. 14. This agreement will become effective when both parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the date of this agreement. 15. This agreement may be signed in one or more counterparts, which together will form a single agreement. This agreement may be signed electronically. Each party is signing this agreement on the date stated opposite that party’s signature. [_____] Date: ____________, 201[__] By: ____________ Name: Title: [_____] Date: ____________, 201[__] By: ____________ Name: Title: EXHIBIT A Product – Scooters Quantity – 50 Price – $200.00 US per Razor Scooter RESIDENTIAL HOUSE LEASE AGREEMENT This Residential House Lease Agreement (“Lease”) is made and effective this [Date] by and between [Landlord] (“Landlord”) and [Tenant] (Tenant). 1. PREMISES. Landlord hereby rents to Tenant and Tenant accepts in its present condition the house at following address: 345 South Street, Main City, (the “House”). 2. TERM. The term of this Lease shall start on [Move-in Date], and end on [Lease End Date]. In the event that Landlord is unable to provide the House on the exact start date, then Landlord shall provide the House as soon as possible, and Tenant’s obligation to pay rent shall abate during such period. Tenant shall not be entitled to any other remedy for any delay in providing the House. 3. RENT. Tenant agrees to pay, without demand, to Landlord as rent for the House the sum of $1250.00 per month in advance on the first day of each calendar month, at [Address for Rent Payments], or at such other place as Landlord may designate. Landlord may impose a late payment charge of $10 per day for any amount that is more than five (5) days late. Rent will be prorated if the term does not start on the first day of the month or for any other partial month of the term. 4. SECURITY DEPOSIT. Upon execution of this Lease, Tenant deposits with Landlord $1,250 as security for the performance by Tenant of the terms of this Lease to be returned to Tenant following the full and faithful performance by Tenant of this Lease. In the event of damage to the House caused by Tenant or Tenant’s family, agents or visitors, Landlord may use funds from the deposit to repair, but is not limited to this fund and Tenant remains liable. 5. QUIET ENJOYMENT. Landlord agrees that if Tenant timely pays the rent and performs the other obligations in this Lease, Landlord will not interfere with Tenant’s peaceful use and enjoyment of the House. 6. USE OF PREMISES. A. The House shall be used and occupied by Tenant exclusively as a private single-family residence. Neither the House nor any part of the House or yard shall be used at any time during the term of this Lease for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family residence. B. Tenant shall comply with all the health and sanitary laws, ordinances, rules, and orders of appropriate governmental authorities and homes associations, if any, with respect to the House. -1- 7. NUMBER OF OCCUPANTS. Tenant agrees that the House shall be occupied by no more than 4 persons, including no more than 3 children under the age of eighteen (18) years, without the prior written consent of Landlord. 8. CONDITION OF PREMISES. A. Tenant agrees that Tenant has examined the House, including the grounds and all buildings and improvements, and that they are, at the time of this Lease, in good order, good repair, safe, clean, and tenantable condition. B. Landlord and Tenant agree that a copy of the “Joint Inspection,” the original of which is maintained by Landlord and a copy provided to Tenant, attached hereto reflects the condition of the House at the commencement of Tenant’s occupancy. 9. ASSIGNMENT AND SUBLETTING. A. Tenant shall not assign this Lease, or sublet or grant any concession or license to use the House or any part of the House without Landlord’s prior written consent. B. Any assignment, subletting, concession, or license without the prior written consent of Landlord, or an assignment or subletting by operation of law, shall be void and, at Landlord’s option, terminate this Lease. 10. ALTERATIONS AND IMPROVEMENTS. A. Tenant shall make no alterations to the House or construct any building or make other improvements without the prior written consent of Landlord. B. All alterations, changes, and improvements built, constructed, or placed on or around the House by Tenant, with the exception of fixtures properly removable without damage to the House and movable personal property, shall, unless otherwise provided by written agreement between Landlord and Tenant, be the property of Landlord and remain at the expiration or earlier termination of this Lease. 11. DAMAGE TO PREMISES. If the House, or any part of the House, shall be partially damaged by fire or other casualty not due to Tenant’s negligence or willful act, or that of Tenant’s family, agent, or visitor, there shall be an abatement of rent corresponding with the time during which, and the extent to which, the House is untenantable. If Landlord shall decide not to rebuild or repair, the term of this Lease shall end and the rent shall be prorated up to the time of the damage. 12. DANGEROUS MATERIALS. -2- Tenant shall not keep or have on or around the House any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on or around the House or that might be considered hazardous. 13. UTILITIES. Tenant shall be responsible for arranging and paying for all utility services required on the premises. Tenant shall not default on any obligation to a utility provider for utility services at the House. 14. MAINTENANCE AND REPAIR. A. Tenant will, at Tenant’s sole expense, keep and maintain the House and appurtenances in good and sanitary condition and repair during the term of this Lease. In particular, Tenant shall keep the fixtures in the House in good order and repair; keep the furnace clean; and keep the walks free from dirt and debris. Tenant shall, at Tenant’s sole expense, make all required repairs to the plumbing, range, oven heating apparatus, electric and gas fixtures, other mechanical devices and systems, floors, ceilings and walls whenever damage to such items shall have resulted from Tenant’s misuse, waste, or neglect, or that of the Tenant’s family, agent, or visitor. B. Tenant agrees that no signs shall be placed or painting done on or about the House by Tenant without the prior written consent of Landlord. C. Tenant agrees to promptly notify Landlord in the event of any damage, defect or destruction of the House, or the failure of any of Landlord’s appliances or mechanical systems, and except for repairs or replacements that are the obligation of Tenant pursuant to Subsection A above, Landlord shall use its best efforts to repair or replace such damaged or defective area, appliance or mechanical system. 15. ANIMALS. Tenant shall keep no domestic or other animals in or about the House without the prior written consent of Landlord. 16. RIGHT OF INSPECTION. Landlord and Landlord’s agents shall have the right at all reasonable times during the term of this Lease and any renewal of this Lease to enter the House for the purpose of inspecting the premises and/or making any repairs to the premises or other item as required under this Lease. 17. DISPLAY OF SIGNS. During the last thirty (30) days of this Lease, Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the House and enter to show the House to prospective purchasers or tenants. 18. HOLDOVER BY TENANT. -3- Should Tenant remain in possession of the House with the consent of Landlord after the expiration of the Term of this Lease, a new tenancy from month to month shall be created which shall be subject to all the terms and conditions of this Lease, but shall be terminable on thirty (30) days by either party or longer notice if required by law. If Tenant holds over without Landlord’s consent, Landlord is entitled to double rent, pro-rated per each day of the holdover, lasting until Tenant leaves the House. 19. SURRENDER OF PREMISES. At the expiration of the Lease, Tenant shall quit and surrender the House in as good a condition as it was at the commencement of this Lease, reasonable wear and tear and damages by the elements excepted. 20. FORFEITURE OF SECURITY DEPOSIT – DEFAULT. It is understood and agreed that Tenant shall not attempt to apply or deduct any portion of any security deposit from the last or any month’s rent or use or apply any such security deposit at any time in lieu of payment of rent. If Tenant fails to comply, such security deposit shall be forfeited and Landlord may recover the rent due as if any such deposit had not been applied or deducted from the rent due. For the purposes of this paragraph, it shall be conclusively presumed that a Tenant leaving the Premises while owing rent is making an attempted deduction of deposits. Furthermore, any deposit shall be held as a guarantee that Tenant shall perform the obligations of the Lease and shall be forfeited by the Tenant should Tenant breach any of the terms and conditions of this Lease. In the event of default, by Tenant, of any obligation in this Lease which is not cured by Tenant within fifteen (15) days notice from Landlord, then in addition to forfeiture of the Security Deposit, Landlord may pursue any other remedy available at law, equity or otherwise. 21. ABANDONMENT. If at any time during the term of this Lease, Tenant abandons the House or any of Tenant’s personal property in or about the House, Landlord shall have the following rights: Landlord may, at Landlord’s option, enter the House by any means without liability to Tenant for damages and may relet the House, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting; Also, at Landlord’s option, Landlord may hold Tenant liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for such period realized by Landlord by means of such reletting. Landlord may also dispose of any of Tenant’s abandoned personal property as Landlord deems appropriate, without liability to Tenant. Landlord is entitled to presume that Tenant has abandoned the House if Tenant removes substantially all of Tenant’s furnishings from the House, if the House is unoccupied for a period of two (2) consecutive weeks, or if it would otherwise be reasonable for Landlord to presume under the circumstances that the Tenant has abandoned the House. 22. SECURITY. Tenant acknowledges that Landlord does not provide a security alarm system or any security for the House or for Tenant and that any such alarm system or security service, if provided, is not -4- represented or warranted to be complete in all respects or to protect Tenant from all harm. Tenant hereby releases Landlord from any loss, suit, claim, charge, damage or injury resulting from lack of security or failure of security. 23. SEVERABILITY. If any part or parts of this Lease shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. 24. INSURANCE. Tenant acknowledges that Landlord will not provide insurance coverage for Tenant’s property, nor shall Landlord be responsible for any loss of Tenant’s property, whether by theft, fire, acts of God, or otherwise. 25. BINDING EFFECT. The covenants and conditions contained in the Lease shall apply to and bind the heirs, legal representatives, and permitted assigns of the parties. 26. GOVERNING LAW. It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of California 27. ENTIRE AGREEMENT. This Lease shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Lease is hereby superseded. This Lease may be modified only by a writing signed by both Landlord and Tenant. 28. NOTICES. Any notice required or otherwise given pursuant to this Lease shall be in writing; hand delivered, mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, if to Tenant, at the House and if to Landlord, at the address for payment of rent. IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and year first above written. [Signatures] -5- JOINT INSPECTION THIS INSPECTION SHOULD BE COMPLETED PROMPTLY FOLLOWING INITIAL OCCUPANCY OR UPON DELIVERY OF POSSESSION LANDLORD: [Landlord] TENANT: [Tenant] TENANT: [Tenant] PREMISES: [Complete Address of House] DATE OF POSSESSION: [Move-in Date] CONDITION OF PREMISES: INDICATE WITH A CHECK OF EITHER “YES” OR “NO” IF THE FEATURE IS CLEAN AND UNDAMAGED. IF “NO”, PROVIDE AN EXPLANATION IN THE “NOTES”, OR IF “NOT APPLICABLE” INDICATE WITH “NA”. Yes No Notes LIVING ROOM Walls & Baseboard Carpet Drapes, Rods, Hooks Door & Lock Coat Closet DINING AREA Walls & Baseboard Carpet Light Fixture Windows & Screens KITCHEN Walls & Baseboards Light Fixture Stove Drip Pans Oven Broiler Pan Hood, Fan & Light Refrigerator Defrosted Ice Trays Hydrator Cover Dishwasher Cupboards Drawers Counter Sink Disposal & Stopper Floor HALL Walls & Baseboards Carpet/Floor -6- Light Fixture Linen Closet BATHROOM – 1 Walls & Baseboard & Sink Counter Cabinets/Mirror Toilet Bath Tub/Shower Light Fixture Floor Tissue Holder/Towel Bars BATHROOM – 2 Walls & Baseboard & Sink Counter Cabinets/Mirror Toilet Bath Tub/Shower Light Fixture Floor Tissue Holder/Towel Bars BEDROOM – 1 Walls & Baseboard Windows & Screens Drapes, Rods & Hooks Light Fixtures Carpet Closet Floor BEDROOM – 2 Walls & Baseboard Windows & Screens Drapes, Rods & Hooks Light Fixtures Carpet Closet Floor DEN or BEDROOM – 3 Walls & Baseboard Windows & Screens Drapes, Rods & Hooks Light Fixtures Carpet Closet Floor BASEMENT/FURNACE ROOM Furnace Washer & Dryer Water Storage Tank MISCELLANEOUS -7- Balcony/Patio Storage Area Garage Mailbox OTHER FURNITURE INVENTORY (If the furniture is provided by Landlord) Item LIVING ROOM Couch Chairs Lamps Coffee Table End Table Nbr Item Nbr BEDROOM 1 Beds Dressers Mirror Nightstands Lamps DINING AREA Table Chairs Hutch BEDROOM 2 Beds Dressers Mirror Nightstands Lamps KITCHEN Stove Oven Refrigerator Dishwasher Table Chairs BEDROOM 3 Beds Dressers Mirror Nightstands Lamps LAUNDRY/UTILITY ROOM Washer Dryer DEN / STUDY Desk Chairs Tables Bookcases Lamps OTHER The parties acknowledge that the above inspection …

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