BUS206 Southern New Hampshire Contracts and Landlord Tenant Law Analysis
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages To Order 5-10 Pages
For this milestone, you will review Case Study Two and compose a short report, applying your legal knowledge and understanding of the types of business organizations. Case Study Two concentrates on contracts and landlord-tenant law.
Real Property Law
The term real property refers to the actual physical land and any structures permanently situated on it, such as buildings, houses, and warehouses. Anything that can be moved and is not permanently affixed (such as vehicles, furniture, and equipment) is called personal property and does not constitute real property. Real property is, for all practical purposes, immovable and includes some of the airspace above the property, the ground and minerals underneath, and the trees and vegetation on the land.
In order to legally transfer real property, there are several steps that must be followed: execution of the deed, delivery of the deed, acceptance of the deed, and recording the deed at the appropriate governmental office.
An interest in real property may be owned by a single individual, two or more persons, or a corporation. When parties share ownership, they are said to have concurrent ownership. There are two principal types of concurrent ownership: tenancy in common and joint tenancy.
A tenancy in common means that each party owns own an undivided interest in the whole property. This means that upon the death of a tenant in common, that tenant’s interest in the property passes to his or her heirs. Unless the co-tenants have agreed otherwise, a tenant in common can transfer his or her interest in the property to another without the consent of the remaining co-owners.
While a joint tenancy is similar, it is different in that a deceased joint tenant’s interest passes to the surviving joint tenants. Most married couples purchase property as joint tenants and thus receive ownership of the entire property via the right of survivorship, upon the death of one of the spouses.
Restriction on Ownership
Ownership of property does not mean that one can use that land in any manner one chooses. Government regulations, such as zoning laws, limit how property can be utilized. Zoning laws are what prevent a strip club from being built in the middle of a residential area, or an asphalt plant operating next to an elementary school.
While zoning laws were touted as a means to protect the health and welfare of citizens, they were often used to protect property value and to exclude certain groups and activities from employment as well as geographical areas. For example, zoning laws were first used in the United Sates to isolate Chinese laundries in California and thus limit opportunities for Chinese residents (Talen, 2012). The increased congestion of urban areas and competing interests—residential, commercial, and industrial—spawned the growth of local land-use regulations. The source of government’s power to regulate land use is rooted in the U.S. Supreme Court’s 1926 decision of Village of Euclid v. Ambler Realty Company, which held that zoning is a constitutional exercise of a municipality’s police powers. This decision established the authority of a municipal body to create zoning laws and regulations that are rationally related to the health, safety, or welfare of the community.
Involuntary Transfer of Property
Property may also be involuntarily transferred. Someone may take possession of real property by treating it as his or her own, without interference or objection from the true owner. This is known as adverse possession. In order for this occur, several factors must be present. The possession must be actual, meaning the adverse possessor lives on or uses the land. The use must be open and visible, rather than secretive or hidden. The use must also be done without the owner’s consent—or “notorious.” Different states have various laws regarding the amount of time and what activity constitutes adverse possession. The usual term is 20 years.
Property may also be involuntarily taken from its owner through the authority of the government via the doctrine of eminent domain or condemnation. The U.S. Constitution, in the Fifth Amendment, allows the government to take private land for public use. Under the takings clause of the Fifth Amendment, the government must pay “just compensation” to the owner.
The property involved in a landlord-tenant relationship is called a leasehold estate. A landlord-tenant relationship is created by a lease contract. Lease agreements may be oral or written, but if the lease term is greater than one year, generally the contract must be in writing.
Each state varies in regard to its application of landlord-tenant law based on the type of tenant. A residential tenant rents property to be used as a home. A commercial tenant typically utilizes the property in order to conduct some type of business activity. The legal rights and obligations of parties to a commercial lease may be somewhat different from a residential lease, and thus it is important to consult one’s state laws on this point. For example, most commercial leases are not subject to an implied right of habitability, while this is an important right of residential tenancies.
That said, because many businesses rent space from another party or rent out their own property for use by others, it is important to understand your rights and obligations as either a property owner or a tenant. What if your business needs to rent office space or storage space? What rights does the property owner retain, and which rights are transferred to the renter? What rights does the owner have to enter the premises or to modify the floor plan? What happens if someone is injured on the premises? Is that the owner’s fault or the tenant’s fault, or might both be at fault? What happens if you sign a one-year lease and you need to leave after six months?
Liability for injuries on the premises of a business is of great concern to owners and tenants of commercial space. Businesses often experience much activity on their premises with many customers, employees, and delivery people coming and going. For example, a customer may get hit by falling merchandise, may trip on a poorly lighted stairway, or may be criminally assaulted while on the premises.
The courts use the standard of reasonable care in deciding whether the controlling party is at fault. For example, a tenant restaurant would likely be liable to a customer who slipped and fell on a wet floor in the dining room. On the other hand, the landlord might be liable if a lighting fixture he negligently installed fell on a customer.
Quality of Response No Response Poor/Unsatisfactory Satisfactory Good Excellent Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. The can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
Do You Have Any Other Essay/Assignment/Class Project/Homework Related to this? Click Here Now [CLICK ME] and Have It Done by Our PhD Qualified Writers!!
Tired of getting an average grade in all your school assignments, projects, essays, and homework? Try us today for all your academic schoolwork needs. We are among the most trusted and recognized professional writing services in the market.
We provide unique, original and plagiarism-free high quality academic, homework, assignments and essay submissions for all our clients. At our company, we capitalize on producing A+ Grades for all our clients and also ensure that you have smooth academic progress in all your school term and semesters.
High-quality academic submissions, A 100% plagiarism-free submission, Meet even the most urgent deadlines, Provide our services to you at the most competitive rates in the market, Give you free revisions until you meet your desired grades and Provide you with 24/7 customer support service via calls or live chats.