“If a representation is eligible by the explicit contractual conditions, an applicant cannot legally prove that his confidence is justified.” Rayle Tech, Inc. vs. DeKalb Swine Breeders, Inc., 133 F.3d 1405, 1410 (11th Cir. 1998) (application of Georgian law). Ms. Campbell`s assertion that the modification of the locks and fence remained silent against Balfour Beatty`s policy contradicts the explicit terms of the lease. As a general rule, this would be a measure of reasonable confidence in the investigation. However, in this case, the applicant did not actually sign the lease. Mr. Sackman signed the lease and the claimant was mentioned only as an occupant. (L. Sackman Dep., ex. 23 at 5, 9.) In these circumstances, the Court concludes that the principle formulated in Rayle is not operative.
Nevertheless, the fact that the applicant had access to the rental contract remains relevant to the legitimate expectations investigation, since she made available readily available means of establishing the woman`s accuracy. Campbell`s statements. The written lease describes the obligations of the landlord and tenant. However, under South Carolina law, landlords and tenants have general obligations when renting rental property. Owners have a general obligation to maintain the premises. They must also comply with all applicable building rules, carry out the necessary repairs, keep the premises in a habitable state and keep all public spaces safe. A lessor may also be required to provide running water, hot water and heat, as well as to maintain in service all electrical, gas, sanitary, sanitary, heating, ventilation, air conditioning and other equipment, if these obligations are not defined by the written agreement as obligations of the tenants. Tenants are generally required to comply with all building and housing rules, maintain the reasonably safe and clean housing unit, properly dispose of waste, keep all sanitary taps clean and make adequate use of all electrical, sanitary, sanitary, heating, ventilation, air conditioning and other equipment.
The tenant may also be subject to other obligations, as defined in the written rental agreement and in the laws of the state. These clauses are often designed to protect the landlord`s interests and can make it difficult or costly for a tenant to terminate the lease prematurely. The objective is generally to ensure that the tenant fulfills the obligations agreed in the contract for the duration of the contract, or compensates the lessor for this early termination. As indicated below, the Tribunal excludes the testimony of the complainant`s expert as unreliable and not useful for trier. Therefore, the applicant cannot rely on the expert`s advice to establish the standard of treatment. Nor has the claimant provided authority to prove that a standard of care can be established by public representations. In addition, the Tribunal rejects the other standards of care invoked by the applicant (general standard and landowner standard), as the owner`s standard is directly applicable to this case. Under O.C.G.A. § 5131, a lessor is required to exercise usual diligence to avoid injury to guests and tenants, but this obligation to “retain safe portions of the leased premises designated as common areas in which the lessor has reserved a qualified ownership right does not extend to the leased areas of the premises over which the tenant has exclusive ownership and control”.