As I analysis and review the case I believe the contract between Friendly Dawg and the Landlord is still valid even though the original owner is decease. I believe contract are valid even in death. The four element of a valid contract is agreement, consideration, contractual capacity, and legal obligation. The first element is that Landlord Lou and Dave's late father had an agreement that Lou would rent him the space. The second element is that Dave's late father consider paying $500 a month. The third element is contractual capacity. I believe both Dave's father and land lou was of sound mind and mental ability to understand their rights and what they were signing. The last element is legal obligation. The contract between Land Lou and Dave's father was legal. It does not go against any state or federal law. I do believe that each party have the right to have a defense if needs be. Land Lou have any obligation to ensure that the building is up to code and the systems are working properly. Dave does seem to be in violation of the contract because it does state they would sell pet supplies not live animals. Daves obligation is to inform the Landlord Lou of what he is wanting to do and to see if Landlord Lou would allow it and write up a new contract. As far as remedies I would say Dave and Landlord Lou can come together and see if they can work out something to allow Dave to make changes or Dave would have to try and take legal action to see if he can get what he wants. Examining the scenario of Landlord Lou and Sunshine Yoga I do think they have a valid contract. They met and agreed to sunshine yoga paying 300 a month however it is not in writing. Sunshine yoga claims the landlord said he will never evict her but again
that is word of mouth, it is not in writing. I don't believe there is a legal obligation but both parties came to an agreement regarding the space. Both landlord Lou and Sunshine yoga were of a sound mind when making the agreement and they both consider the agreement. I think Sunshine yoga has a right to get a lawyer because she had a heart attack because a snake escape in the vents. Land Lou has the right to evict Sunshine Yoga because she stops paying rent. Sunshine yoga does have claims that the location is no longer safe because of the live animals. Landlord Lou could have remedied the issue with the live animal. Sunshine Yoga heart attack could have been prevented. After my analyze of each situation Landlord Lou has the right to evict both Sunshine yoga and Friendly Dawg. For both party the ground for eviction is due to them not wanting to pay rent. Regarding Friendly Dawg Dave is bring in live animals and that was not a part of the original contract because