Landlord/Tenant Questions & Answers
Ted Kimball, Esq. November, 2014
Our tenant, who has lived there for more than one year, is on a month-to-month term and the house he is renting has been listed for sale. We understand that when a property is being sold, the 60-day notice of termination of tenancy is not required and that a 30-day notice is permitted once an escrow is opened. Is that correct?
A 30-day notice may be given in these circumstances only: if it is a single family residence, the buyer is going to move in and live there for at least one year, the notice is given within 120 days from the date escrow opens, and the tenant was not already served with a 60-day notice.
A tenant gave a 30-day notice of move out on the 10th of the month and turned in his keys to the owner 5 days later on the 15th. Is he still liable for the balance of the rent owed?
Yes, the tenant still owes for the 30-day notice period, unless the landlord is able to relet the premises before then. The landlord has to make a diligent effort to relet.
A husband, wife and three children reside in an apartment. The husband was granted a restraining order, preventing the wife from living in the unit. The wife is now requesting a copy of the lease. Should we officially remove her name?
No, but you should give her a copy of the lease. You should also have a copy of the restraining order and, if accurate, not allow her access to the unit.
We have served our tenant a 60-day notice of termination of tenancy; however they have quit paying the rent. Now we are preparing to send a 3-day notice to pay rent or quit. What is the next step if they do not pay?
If the tenant does not comply with the 3-day notice by paying the rent, you can commence eviction procedures. If the rent owed is paid, the 60-day notice is still valid unless you asked for rent that goes beyond the 60-day notice period.
Our tenants were supposed to move out in two weeks. However, the house they were moving into is not completed and they need to stay for another fifteen days. I have no problem with this, but my question to you is what if they do not vacate on time?
You should have them sign an extension of their lease so if they fail to vacate you can proceed with an action for unlawful detainer.
6. When you return a security deposit disposition to the vacating tenant, what is the statute of limitations if they do not agree with the deductions and wish to sue in small claims court?
If your rental or lease agreement was in writing, the statute of limitations is four years. If the agreement was verbal, it is two years. The time starts to run from the date of the alleged breach.
My renter was backing downstairs carrying a 38-pound bag of clothes and fell and broke her wrist. Can I be sued and a judgment obtained against me?
You would only be liable if you were negligent in the way you maintained the stairs and your negligence was a proximate cause of the injury. You should notify your insurance carrier as soon as possible.