BUS206 Contracts and Landlord Tenant Law Analysis in Southern New Hampshire
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages To Order 5-10 Pages Description/Paper Instructions
Description of the question
You will analyze Case Study Two and write a short report based on your legal knowledge and awareness of the different forms of business organizations for this milestone. The second case study focuses on contracts and landlord-tenant legislation.
Real Estate Law
The phrase “real property” refers to the actual physical land as well as any permanent constructions such as buildings, residences, and warehouses that are permanently located on it. Personal property is anything that may be moved and is not permanently affixed (such as automobiles, furniture, and equipment) and is not considered real property. For all practical purposes, real property is immovable, and it includes some of the airspace above it, the ground and minerals beneath it, and the trees and vegetation on the land.
There are numerous stages that must be performed in order to lawfully transfer real property: execution of the deed, delivery of the deed, acceptance of the deed, and recording of the deed at the appropriate governmental office.
Co-Ownership
A single person, two or more people, or a company can own an interest in real estate. Concurrent ownership refers to when two or more parties share ownership. Tenancy in common and joint tenancy are the two main types of concurrent ownership.
Each participant to a tenancy in common possesses an undivided stake in the entire property. This means that when a tenant in common dies, his or her interest in the property transfers to the tenant’s heirs. A tenant in common can transfer his or her interest in the property to another without the consent of the remaining co-owners unless the co-tenants have decided otherwise.
A joint tenancy is similar to a lease, but it differs in that the interest of a deceased partner tenant passes to the surviving joint tenants. Most married couples purchase property as joint tenants, and upon the death of one of the spouses, the other receives ownership of the entire property via the right of survivorship.
Ownership Restrictions
Property ownership does not imply that you can utilize the land anyway you choose. Zoning rules and other government regulations restrict how property can be used. Zoning restrictions are what keep a strip joint from being built in the center of a residential neighborhood or an asphalt plant from being developed near to a school.
While zoning rules were promoted as a way to preserve citizens’ health and welfare, they were frequently utilized to protect property values and to restrict particular groups and activities from job opportunities as well as geographic areas. For example, in the United States, zoning regulations were first utilized to separate Chinese laundries in California, limiting options for Chinese residents (Talen, 2012). The expansion of local land-use restrictions was sparked by rising urban congestion and competing interests—residential, commercial, and industrial. The United States Supreme Court’s decision in Village of Euclid v. Ambler Realty Company in 1926, which found that zoning is a constitutional exercise of a municipality’s police powers, is the source of government’s power to regulate land use. This ruling established a local body’s jurisdiction to enact zoning laws and regulations that are logically related to the community’s health, safety, or welfare.
Involuntary Property Transfer
Property can also be transferred inadvertently. Without the interference or disagreement of the true owner, someone can gain control of real property by treating it as their own. Adverse possession is the term for this situation. Several things must be present for this to happen. The hostile possessor must have real possession of the land, which means he or she must live on or utilize it. Rather than being clandestine or hidden, the use must be transparent and visible. The usage must also be done without the owner’s permission—or it will be considered “notorious.” Adverse possession is defined differently in each state, depending on how long it lasts and what behavior it entails. The most common length is 20 years.
The doctrine of eminent domain, often known as condemnation, allows the government to take property from its owner without their consent. The Fifth Amendment of the United States Constitution enables the government to seize private land for public use. The government must pay the owner “fair compensation” under the Fifth Amendment’s takings provision.
Tenant-Landlord Law
A leasehold estate is the property that is involved in a landlord-tenant relationship. A lease contract establishes a landlord-tenant relationship. Lease agreements can be oral or written, but if the lease period is more than a year, the contract must normally be written.
Depending on the type of renter, each state applies landlord-tenant legislation differently. A residential tenant is a person who rents a residence. The property is usually used by a commercial renter to undertake some type of business activity. The legal rights and obligations of parties to a business lease may differ from those of parties to a residential lease, therefore it’s vital to check your state’s regulations. Most business leases, for example, do not include an implied right of habitability, but this is a crucial element in residential tenancies.
Because many businesses rent space from a third party or rent out their own property for others’ use, it’s crucial to know your rights and responsibilities as a property owner or a tenant. What if you need to rent office or storage space for your company? Which rights are retained by the property owner and which are passed to the renter? What powers does the owner have to enter the property or change the layout? What happens if someone is hurt on your property? Is it the fault of the owner or the tenant, or might it be both? What if you sign a one-year lease but have to vacate after six months?
Owners and tenants of commercial space are concerned about liability for injuries that occur on the grounds of a business. With so many customers, staff, and delivery persons coming and leaving, businesses often have a lot of activity on their premises. A customer, for example, could be struck by falling items, tumble on a dimly lit stairwell, or be criminally assaulted while on the premises.
When determining whether the controlling party is at fault, the courts apply the standard of reasonable care. A tenant restaurant, for example, would most certainly be accountable to a customer who slipped and fell in the dining area due to a damp floor. The landlord, on the other hand, may be held accountable if a lighting fixture that he put improperly fell on a customer.
RUBRIC
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
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