Assignment Task:
Hypothetical 1: Benz owns an apartment building. In Unit A, Tai signed a one-year lease (03/01/21-03/30/22) 18 months earlier which called for monthly payments of $1,500 due on the 1st of each month. Both parties met their obligations under the lease, but when it ended, Tai did not move out. The day after the lease ended, April 1st, she went to the rental office and paid $1,500 which was accepted without discussion. She did this for five months. She did not make a payment on September 1st but remained in the apartment. On September 10th Benz determined Tai was not going to pay any more rent even though she remained in the apartment. He decides to evict Tai. Three months after the Court granted Benz's eviction action, the Sheriff came and compelled Tai to finally vacate the premises. Once the apartment was vacant Benz did a walk-through saw extensive damage to the inside of the unit (holes in the walls, three overhead light fixtures removed, bathroom tub drain filled with concrete, etc.)
1. Based on the facts above, what type of tenancy(ies) is/are shown? Describe the specific characteristics of each tenancy.
2. What tenant duty/duties did Tai violate?
Hypothetical 2: Benz owns an apartment building. In Unit B, a two-bedroom apartment, Thor lives with his wife and young child, with a monthly rent of $2,000. They signed a two-year lease and have 14 months remaining. The building is located in the mountains next to a "green belt" (undeveloped forest land) which is not maintained. When rats and mice became an issue, Benzn brought in a cat. The cat was not neutered and there are now many feral cats running around the apartment building. Every night the cats howl loudly outside the apartment building and get into very noisy fights. The howling and fights last for hours and prevent sleep. Thor has tried using a garden hose and other non-harmful remedies to get rid of the cats to no avail. In addition, the feral cats have fleas and ticks and are vicious. Thor and his family have a first floor patio but are afraid to let their child outside in case one of the feral cats attacks him. Apartment B has a screen door to the patio but the fleas and ticks are able to get through the screen and into their carpeted home which has become infested. Thor's son is allergic to flea bites and has had multiple doctor and ER visits for treatment. Thor's wife has contracted Lyme disease from a tick. All of this has been reported to Benz, verbally and in writing, but Benz took no action. Thor consulted a pest control expert whose comprehensive remediation plan is $10,000. Benz has warned Thor that he (Benz) doesn't like trouble-makers.
3. What landlord duty(ies) has Benz violated? Explain.
4. What options does Thor have in this situation? Explain.