FBS Apartments, Condos and Homes For Rent in 69 zip codes throughout the S.D. Region
FBS operates Rental Properties for Independent Owners utilizing Industry Best Practices which creates direct benefits to our Rental Customers. We have provided Superior Housing Alternatives now in our 5th Decade. Our available rental inventory changes daily. www.fbs-pm.com
As professional managers we must stay on top of local, state and federal laws, regulations and housing codes that are imperative to our clients and rental customers. We review and update our contracts, policies, forms and routines with the help of KTS (Kimball, Tirey and St. John)
Here are some situations we have asked Ted Kimball to weigh in on -
I have a two bedroom apartment rented to two roommates. One roommate always pays the
rent on time. The other roommate is habitually late. Can I do an eviction based on a partial
payment even though the month is not over?
Both tenants are responsible for the entire amount of the rent so long as they are on the same
rental agreement/lease. You should serve a three-day notice to pay rent or quit for the balance
of the rent and name both roommates. If they do not comply, commence an unlawful detainer
action naming both.
I believe that when a lease is expiring no notice of termination is required. Is this correct?
Yes, unless your fixed term lease requires a notice of intent not to renew, you do not by law
need to serve a notice of termination; however it is a good idea.
How much can I raise the rent legally?
Unless you are under rent control or a state or federal subsidy program, there are no limitations
on the amount of rent you charge. You cannot unilaterally increase the rent unless your
agreement is month-to-month. In that event, you can serve a written 30-day notice (or 60-day if
the increase is greater than 10% within the last 12 months) to increase the rent. Otherwise, you
must wait until the lease expires.
How can we determine if the roaches in the apartment were the result of bad housekeeping? Is
it our responsibility to get rid of the roaches?
Ask your pest control professional to give his or her opinion on how the roaches came into the
apartment unit. The court will rely heavily on expert testimony in these cases. If you can prove
the tenant was responsible for the infestation, they are responsible for the cost of removal.
If our tenant sublets, and the sublessee defaults in the rent, do I give a notice to the tenant or
You serve one notice with both of their names on it to both. They should be evicted in the same
What should I do if I suspect drugs are being sold out of one of our apartments?
Call the police and report the incident. Ask the police for any further direction. Document all of
the calls and what you said, did and observed. Finally, contact an attorney to determine
whether or not you have enough evidence to proceed with an eviction.
If a tenant does not give a 30-day notice of intent to vacate, can the full security deposit be kept
by the landlord?
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.
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
We served a 60-day notice of termination of tenancy on a renter. We have not received a rent
payment yet, so we served her a 3-day notice to pay rent or quit. Do you recommend that we
start eviction proceedings now or do we wait until the notice expires?
You should proceed immediately with the eviction; if they do not have enough money to pay
you, they may not have enough to move out.
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?
If the disturbances are major and continuous, the court may grant an eviction based upon a 3-
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.
If you state in the month-to-month contract that rent is due on the 1st of each month, but there is
not a late charge until after the 10th, can the resident pay every month on the 10th?
The rent is delinquent the day after the rent is due. Provided that the day the rent was due was
a business day, a 3-day notice to pay rent or quit can be served the next day, even though the
late charge is not yet due.