Legal Questions June 2017 Part 2

Posted: 17th June 2017 by Melissa in Uncategorized

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.

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)
Ted Kimball, Esq. weighs in:

11. Question:
I agreed to allow a resident to move in even though he could not pay the full security deposit. He was supposed to pay one third of the deposit each month. He made the first two payments but has now failed to make the third and final installment. What type of notice should I use?
The law provides that in the event of a breach of the lease other than non-payment of rent, a three-day notice to perform conditions and/or covenants or quit be utilized. Like a three-day notice to pay rent or quit, this notice only allows the resident three days to comply or be subject to unlawful detainer litigation.

12. Question:
I have a tenant who never pays his rent until he receives a three-day notice. We normally serve notices on the eighth of the month even though the rent is due on the first. He is on a one-year lease and I don’t know my legal rights.
You can try serving him with a three-day notice to pay rent or quit earlier than the eighth of the month. If he fails to make payment within the three-day period you have the right to refuse the rent and commence eviction proceedings.

13. Question:
One of our tenants has a guest who has been verbally abusive to me whenever I ask him who he is visiting. We have a large apartment community with many amenities and we need to be careful that complete strangers are not using our facilities. What can I do?
A tenant is responsible for the conduct of his guests. Rude conduct and behavior for enforcing reasonable rules may lead to your decision to not renew the tenant’s lease when it expires. If it continues or escalates to a major disturbance, an eviction can be filed.

14. Question:
I have a tenant who always “races” his car in the parking area. We have families with small children and a posted five mile per hour speed limit. What can I do to make him stop?
Creating safety hazards on the premises in a continuous manner may be good grounds for eviction based upon the nuisance activity. If the reckless manner in which he operates his vehicle continues after warnings, a three-day notice to perform covenant or quit may be served.

15. Question:
I have a tenant who left her window open when it rained causing water damage to the floor. She said she did not have to pay for the damage because we have insurance for this type of thing and we did not lose anything. What should I tell her?
Your insurance has nothing to do with a tenant’s responsibility for negligence. If your insurance paid for the damage, they would have the right to be reimbursed by the tenant who caused the water damage. You would also be able to recover the deductible you paid. If the tenant has renter’s insurance, he/she may be covered for this type of loss.

We had to evict a real trouble-maker recently, but he keeps coming back to the property to use the swimming pool and jacuzzi. He is not anyone’s guest and some of the residents are frightened of him. What should I do?
Calling the police for a criminal trespass and disturbance of the peace is the first recommended action.

17. Question:
I have a suspicion that one of our tenants falsified his application by giving me a different name and social security number than his own. If I can prove this, what are my rights? I have a six- month lease and he just moved in.
If you could prove the falsification and you would not have rented to him had you known the true set of facts, the lease would be deemed based upon fraud and set aside. You could bring an unlawful detainer (eviction) lawsuit to regain possession of the premises.

18. Question:
My evicted tenant left the property voluntarily three days before the sheriff was scheduled to do the lock-out. Is it wise to keep the appointment or should I just cancel?
In some cases, it only appears that the tenant has vacated voluntarily. A wrong guess could lead to problems. Many property managers elect to meet the sheriff for the official lock-out. Some property managers decide on a case-by-case basis whether or not to take possession prior to the sheriff’s arrival.

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