As professional managers we must stay on top of a variety of laws, regulations and housing codes that can be very important to our independent rental owner clients as well as our renters by choice. We review and update our forms, policies and routines with the the help of KTS. Kimball, Tirey and St. John. Here are some of the situations that we asked Ted Kimball to weigh in on -
Landlord/Tenant Questions & Answers
Ted Kimball, Esq. July, 2014
Question: Can I accept rent after serving a notice for an issue other than payment. For example: an unauthorized occupant notice.
You should always check with a knowledgeable attorney to determine whether you should accept rent or not if the notice served was for something other than payment. Often times accepting rent after serving a notice can waive the notice.
Question: At what point does my property require an onsite resident manager?
If your property has 16 units or more, you are required to have a person onsite who represents the owner.
Question: A resident at my property was taken to the hospital and passed away. Since the lease requires a 30-day notice, what is the law as far as reimbursement of the deposit?
When a tenant passes, the month-to-month tenancy is terminated 30 days from the date of the decedent’s last rent payment. Therefore, you have 21 days from that date to account for the security deposit assuming that you have taken over possession of the unit. If anyone else is claiming a right to possession, you would need to go through the eviction process.
Question: We rent garages out to our residents. One of the residents moved a bed and some furniture into the garage and we believe someone is sleeping there. What can we do to make sure we do not have any issues with the use of the garage as a bedroom?
If you have a separate month-to-month agreement for the garage, you can terminate the garage rental with a 30-Day Notice to Perform Conditions or Quit to require the removal of the bed.
Question: My resident is not parking in his assigned parking space on the property. Can we issue him a parking citation for parking in the wrong place?
No, you cannot issue a parking citation. Only the local traffic enforcement agency has the ability to issue parking citations. You can either issue a Notice to Perform Covenant or Quit if the resident is violating your parking rules, or tow the resident’s car.
Question: I have a resident who has bed bugs in his unit. He refuses to allow access to his unit so that we can start treatment. Can we evict him? Can we charge for the cost of treatment?