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Legal
LANDLORD / TENANT LAW
Questions & Answers
With Kimball, Tirey & St. John
By Ted Kimball, Esq., Partner, Kimball, Tirey & St. John LLP
Question: Do I always have to give written notice to our resident before making a repair? They called yesterday and we simply made an appointment for the plumber to meet them at the property next week.
Answer: Normally, you would have to give a written 24-hour notice, but if the tenant and the Housing Provider orally agree to an entry to make repairs or supply services for a specific date and time, and the entry is within one week from the date of the agreement, no written notice is required. Also, in cases of emergency or abandonment, the Housing Provider is not required to give written notice.
Question: Can a resident legally drink alcohol in the outdoor common areas of an apartment community?
Answer: Housing Providers have the right to restrict the drinking of alcohol in the common areas of the premises.
Question: My tenant vacated and has damaged the unit more than the security deposit will cover. The tenant had a co-signer on the agreement. I have written the tenant and co-signer with no response after 30 days. Should I file a small claims action against both the tenant and the co- signer or should they be separate lawsuits?
Answer: You can file against both of them in the same small claims court suit.
Question: This month’s rent check from a tenant had a second name printed below the tenant’s name on the upper left corner of the check. If I cash the check for this month’s rent, am I changing the terms of tenancy?
Answer: The mere fact that another person is listed on the check does not change the terms of the tenancy. You should inquire about the other person or find other ways to determine if there is an unauthorized occupant, and if so, either have the extra person apply for residency or serve a 3-day notice to perform covenants or quit.
Question: I am considering selling a duplex that I own. Both sides are rented under one-year leases. A potential buyer said he would need to move into one side of the unit and could not wait for the lease to expire. If there is a sale, doesn’t that automatically terminate the lease I have with one or both of the tenants?
Answer: A voluntary sale of leased property does not terminate the rental agreement or lease; the new owner steps into the shoes of the former owner and has the same rights and obligations of the former owner.
Question: One of our single tenants who was renting a small one- bedroom unit recently passed away. There are still three months remaining on his lease. What should I do with the security deposit?
Answer: Generally, a tenancy for a specified term does not terminate on the death of either the Housing Provider or the tenant. Once
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