Question
You are looking to rent your two-bedroom apartment at $375 per week for which you have advertised in the local newspaper. Ryan approached you after
You are looking to rent your two-bedroom apartment at $375 per week for which you have advertised in the local newspaper. Ryan approached you after reading the newspaper advertisement and offered to rent your apartment. A meeting was fixed to finalize the paperwork and during the meeting, Ryan revealed that he wants to use your house as his base to smuggle the drugs to his customers. He offered to pay you $425 per week with two months payment in advance. Tempted by the offer, you agreed to rent the apartment to Ryan and signed a lease agreement for two years. Ryan paid the rent for the initial three months in time but after three months, he stopped paying rent. It has been over six months since Ryan has last paid rent to you, but he is not ready to either pay rent or vacate the house. Frustrated by Ryan's behavior and non-payment of rent, you filed a case of recovery of rent against Ryan in the local court.
Required:
What is the likelihood of the court ruling in your favor? i:e the chances of you winning the case for recovery of rent? Support your decision with legal reasoning and one precedent.(4 marks)
Would your answer change if you were able to prove that you were unaware of the purpose for which Ryan has taken your apartment on rent?(1 mark)
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