We always do our best to stay on top of, if not as far ahead as possible, in regard to current State and Federal laws and regulations. We subscribe to Kimball, Tirey & St. John LLP’s monthly Question/Answer Newsletter and would like to share with you 5 of the great facts and information from their most recent release “Did You Know?”.
Question: If a tenant does not give a 30-day notice of intent to vacate, can the full security deposit be kept by the landlord?
Answer: You can only deduct for any unpaid rent up to 30 days from the date the tenant vacated if the tenancy is month-to-month or until the premises are relet, whichever occurs first.
Question: I have signed a lease for one year with a tenant and now he wants to leave after four months. What is my recourse?
Answer: The tenant is responsible for the rent up to the date the lease expires or the date that you release the property, whichever occurs first. You must use due diligence in trying to re-lease the premises.
Question: A couple moved into our rental unit one month ago. Since they moved in, we have received eight complaints from the neighbors, who are now at the point of wanting to vacate because of these complaints. What should I do?
Answer: If the disturbances are major and continuous, the court may grant an eviction based upon a three-day notice to quit, but the disturbances to the quiet enjoyment of the neighboring property must be severe, and there must be witnesses to prove your case in court if the case is contested.
Question: If a guest causes problems or damages the property, what is my recourse?
Answer: The tenant is responsible to pay for the repair of any damage caused by their guest’s negligence or intentional act. If they fail to pay a three-day notice to perform conditions and covenants or quit can be served.
Question: If a resident dies and was on a lease, does the estate still owe rent up until someone new moves in? What about a month-to-month agreement? Obviously the person couldn’t give a 30-day notice.
Answer: When the resident dies and the lease is month-to-month, the lease is terminated. For a fixed term lease that expires on a specific date, the estate is still liable for the rent until the lease expires or the premises are relet.