Question

One of the most common property disputes is those between the landlord and tenant/leasee. The definition of a leasee is one that has signed a lease with a lessor (landlord) and enjoys quiet enjoyment of the property against all others... meaning that they are permitted to have possession against any others that claim they have the rights.

Within all leases there are clauses that discuss what the leasee may and may not do on or to the property.

From a ethical standard:

1. why should the owner of the property be able to put restrictions on property that they are getting money for from the leasee each pay period?

2. why should the leasee be restricted in what they can do on or to the property when they are paying the landlord each month an agreed upon sum? What is the ethical argument for and against the leasee?

Solution Preview

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1. In case of the lease agreement, the owner of the property gives the tenant the right of exclusive possession of the property in return for the payment of an amount on a periodic basis. It is the duty of the owner to ensure that the property is habitable and the lessee should also cooperate with the owner and implement the guidelines. From the ethical point, the lessee is not the owner and there is an exchange of interests between the parties. While the owner gets money, the lessee gets a place to...

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