Analysis of contracts under contract law

Analysis of contracts under contract law

Residential house lease

If the landlord has refused to make repairs even after receiving warnings from the tenants, other steps will help the tenant receive ramifications or get the repairs to their home conducted. One way of getting the landlord to fix the leak on the roof and the mold is rent withholding or rent strikes where a tenant withholds some or all of the rent. As tenants, Juan has the right to withhold the rent since landlords must provide tenants with habitable and safe housing on the warranty of habitability under the Housing stability and tenant protection act of 2019. If the landlord knowingly refuses to fix issues within the property that significantly affects the quality of life of the tenants in the property, they are in violation of the warranty of habitability. The law is unclear on how long and how much of the rent a tenant can withhold. However, it is essential to ensure that the landlord knows that the rent is being withheld until the repairs are made. Tenants have a purchasing power withholding the rent ensures that they can force the landlord to fix the issue. However, a tenant must prove that the defective conditions exist, show how they endanger and impart the safety, health, and wellbeing of those living in the home, and show that the repairs can be made without tenants having to permanently move out.

The answers to these questions prevent the landlord from evicting for withholding the rent. Juan must also set the rent money aside so that if they are taken to court, they can prove that there was money to pay the rent, and payment was not stopped simply because of a lack of funds.

Another option Juan has is that of repairing the issue and deducting the costs from the rent. This is more often a go-to option if the landlord received the notice and ignored it, has failed to complete the repairs in 14 days, and the landlord has access to the home to make repairs but did not attempt to do so. The Georgia landlord-tenant handbook (2017) declares that as long as everyone is in agreement, tenants can fix issues in the home and deduct from the rent. The tenant has the freedom to deduct as much as four months of rent, depending on the costs of the repairs needed.

Lastly, the tenant has the option to break the lease on the grounds of violation of the Sanitary Code. Under this violation, a tenant has the freedom to break the lease without giving the 30-day notice because of the habitability of the premises is questionable. It is crucial to get the proof required from the Board of Health as the landlord may try to sue for breaking of the contract. Taking the landlord to court will demand them to return the security deposit if the repairs are not made before the tenant vacates the home.

UCC sales contract

Breach of warranty involve the broken promise to deliver certain products made by a seller. It also covers the statement by seller of property which is part of the sales contract, in occasions when the truth of the statement is needed for contract validity. certain warranties may require the seller and buyer to work under contract, the contract may be both oral and written. The contract signed was ambiguous because it referred to the razor scooters as goods. This led the seller to have a window to provide any form of scooter. under article 2 of the UCC sales contract, it is clear that the buyer needs to write a formal complain to the seller informing them of the misunderstanding.

At this point, any recordings of conversations that happened before signing the contract should be produced. These conversations will prove that both the seller and buyer were seeking of razor scooters and not scooters in general. any terms either implied or expressed, whether covered in the signed contract or not should be honored by both the seller and the buyer. If the buyer does not respond to the email notifications of the breach, the seller has the freedom to ship the scooters back to the seller. The buyer also has the option to void contract. A voidable contract is one that is valid until either parties performs actions that invalidate it. The buyer may argue that the contract was entered into under conditions of trickery and coercion where the seller promised one thing and delivered another. This action may require the court to decide whether the contract is void. In most cases, the buyer will also be compensated for loses that they may have incurred during the process. Misrepresentation of facts may be proven showing that the seller knew the buyer wanted razor scooters but intentionally referred to them as scooters to confuse the buyer during the delivery of the goods.