Legal Q&A: Tenant facing eviction wouldn’t accept 30-day notice

March 3, 2015

Question: One of our tenant’s dogs is constantly barking and growling at anyone who passes by their apartment. It has scared many of the other residents and they have complained numerous times. I have explained that the lease allows pets. What can I do?

Answer: If the dog is disturbing other residents and is not being properly restrained, it probably is a violation of your lease if it contains a clause requiring tenants to refrain from unreasonable annoyances or disturbances. If this is the case, you could enforce the lease through a notice to perform or quit. It is also useful to have pet rules that spell out acceptable and unacceptable behaviors.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: I am evicting a tenant and gave her a 30-day notice. When I handed her the notice she didn’t read it, she just dropped it on the ground, so I read it to her. I then gave it back to her but she wouldn’t take it, so I dropped it on the ground. Is this considered a legal notice?

Answer: So long as she was notified that you were giving her a legal notice, and you didn’t take it back, most judges would consider this adequate personal service. If she doesn’t vacate in 30 days, an unlawful detainer (eviction) action may be filed in court.

Question: We have an undesirable tenant in our apartment community. He is also consistently late paying rent. We have a month-to-month agreement and I want to serve him a 30-day notice. The next time he pays late, I want to serve him a three-day notice to pay or quit as well. Can I serve both notices at the same time?

Answer: A 30-day notice and a three-day notice to pay or quit can be served at the same time. If the tenant fails to pay rent within the three-day period, you may immediately commence eviction procedures.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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