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Will the eviction order hold up under the stated facts? This depends on whether the landlord followed the proper eviction procedure and whether the tenant
Will the eviction order hold up under the stated facts?
This depends on whether the landlord followed the proper eviction procedure and whether the tenant had a valid defense. Usually, a landlord is required to give a tenant a written notice to leave the property before filing an eviction lawsuit. The notice is to state the reason for the eviction along with the period for the tenant to move out. These vary by state. iPropertyManagement If the tenant does not comply the landlord can file an eviction lawsuit and so onConsumer pamphlet
On the other hand, the tenant can legally withhold rent due to the uninhabitable condition of the apartment, however, the tenant must inform the landlord of this issue and if the landlord refuses to do something about it he can then hold rent after proving that this issue was indeed not the tenants' fault.
Was the man right to withhold the rent?
Depending on whether or not the mold condition was uninhabitable or not, and whether the tenant informed the landlord of this issue.
What arguments, if any, may the landlord raise to avoid paying the code violations?
The landlord may claim that the tenant caused or contributed to the mold condition, due to him sealing the hole in the bathroom and not informing the landlord. The landlord may also argue that the tenant abstained from informing the landlord about the mold issue when he was first made aware of the condition and continuing to live in the apartment rentfree. Also due to the tenant staying in the apartment without telling him about the mold, if the condition worsened the landlord could argue his cause using this to back him up as well.
Under the circumstances, what is the most likely ruling of the court?
One could never put a finger on what the court may say especially without having more details concerning this particular case, but one could only guess that:
Due to a monthtomonth lease, both parties can terminate the contract with proper notice.
The mold was found a month after the lease, so the landlord did not have much time to discover the mold.
Due to the tenant withholding rent improperly, he may be in breach of contract and so on
Based on these most likely the court may rule in favor of either the landlord or tenant or possibly split the liability between them. With more details concerning this one would be able to determine who was liable for what.
What ethical issues are raised in this case?
The landlord's responsibility to provide a safe habitation.
The tenant's responsibility to pay rent.
The tenant's right to seek legal action due to the inhabitable property.
The landlord's right to receive rent, and to evict the tenant due to nonpayment and breach of agreement.
The impact of the mold in the property can be fatal for the tenant's health.
The environmental and social consequences of the mold condition and the remediation effort.
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