Leah leased an apartment to Rebeca for a one-year term beginning May 1, at $800
ID: 371444 • Letter: L
Question
Leah leased an apartment to Rebeca for a one-year term beginning May 1, at $800 a month, “payable in advance on the first day of each and every month of said term.” At the time the lease was signed, Rebecca told Leah that she received her salary on the tenth of the month, and that she would be unable to pay the rent before that date each month. Leah replied that would be satisfactory. On June 2, Rebecca not having paid the June rent, Leah sued Rebecca for the rent.
1. Highlight the pertinent facts;
2. Identify the issue of law posed by the case problem;
3. What should be the decision in the case?
4. The reasoning for such decision.
Explanation / Answer
1.
In this case, while signing the lease, R had a conversation with the contractor. As per the lease contract, R should pay the rent at the beginning i.e. in advance to the contractor. But R informed the contractor about an issue with the contract that she receives salary on tenth of every month. The contractor had no issue in receiving the rent after the due date as per the contract. The next month beginning, the contractor sued R for not paying the rent.
2.
In this case, the written contract of lease includes only the date on which the rent should be received. But the conversation of the contractor assures R to pay the rent after the due date. As sued by the contractor for not paying the rent on time, R cannot defend herself as, the conversation between the contractor and R was just a promise to pay the rent after the due date. Their oral contract did not have any legal obligations. The written contract only includes the duration of rent payment, not the salary issue of R. this makes the oral contract between the contractor and R as invalid.
3.
As per the case, the deeds of the contractor are not ethically justified as he assured R for late rent payment but following the contract, the contactor sued R. thus, the appeal of the contractor should be accepted in the court.
4.
As per the case, the contractor had a written agreement with R about the lease. The contractor did not have any issue regarding the late rent payment. But this discussion was just oral which did not have any legal obligations.
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