Page 68 - AAGLA-MAR 2022

Legal
LANDLORD / TENANT LAW
Questions & Answers
With Kimball, Tirey & St. John
By Ted Kimball, Esq., Partner, Kimball, Tirey & St. John LLP Question: My tenants are asking me to accept a rent payment from their cousin. Do I have to take this payment?
Answer: Yes, a landlord is required to accept third party payments made on tenants’ behalf provided that the payment is accompanied by a statement that it is made on behalf of the named tenant and does not create a tenancy or grant any rights to the payee.
Question: My tenant moved in a few years ago with a roommate, and they paid the security deposit together. One roommate moved out and another roommate moved in. At that time, the rent was increased, and they paid some additional security deposit. Who is entitled to the security deposit when the unit is vacated?
Answer: You should make the check out to all of them unless you receive in writing from any one of them that they have relinquished all rights to the security deposit to the other tenants.
Question: Can a small claims court action regarding COVID rental debt be appealed?
Answer: A plaintiff cannot appeal their case if they lost a small claims judgment. Only the defendant could appeal if they lost, and then the case is heard all over again before a different judge.
Question: Under a year lease for a single-family home, if a tenant’s guest breaks a window and does not repair it after a week or two, can we take the money out of the next rent payment?
Answer: It is better to fix the window or require the tenant to fix the window with a licensed contractor. If the tenant refuses to pay for or fix the window, serve a 3-Day Notice to Perform Conditions and/or Covenants or Quit. If he/ she refuses to pay or fix the window in three days, you can commence the eviction.
Question: We have a tenant who has been in the unit for one year and has painted several of the walls black. Can I charge the resident for returning the paint color to white when they vacate the unit?
Answer: Yes if you have a lease provision against making alterations without your consent. You can only charge the actual cost of turning the paint from black back to white.
Question: We sent the security deposit accounting to the tenant’s last known address on time. It reflected an outstanding balance owed to us. How long must I wait before taking the tenant to court? Should I contact them one more time before doing so?
68 MARCH 2022 • WWW.AAGLA.ORG
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