Angry tenant flooding her apartment

Legal Q&A: Angry tenant flooding her apartment

April 2, 2014

Question: We have a tenant who has been provoking other tenants, so we gave her a 30-day notice. She is now very angry and has flooded her apartment and the three apartments below her by inserting a roll (still on the spool) of toilet paper into her toilet and then flushing the toilet over and over. What can we do?

Answer: You can serve a three-day notice to quit based upon this activity. If she fails to vacate in three days, the court eviction can commence, and you would not have to wait for the 30-day notice to expire. You can also call the police for vandalism.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: I served a tenant a three-day notice to pay rent or quit. The tenant wrote a personal check that bounced. Do I have to give another three-day notice?

Answer: No, you do not have to serve a new three-day notice. You can proceed directly to the next step by filing an unlawful detainer action.

Question: I had to go through an eviction to regain possession of one of my rentals. I also received a judgment for the rent, court costs and my attorneys’ fees. How can I collect this judgment? Do I have to go back to court?

Answer: The law provides for a variety of ways to collect the judgment. Wage garnishments, bank levys, attachment of personal property and judgment debtor examinations are formal ways to collect monetary judgments. Of those listed, a bank levy is the most effective way to collect a judgment. Receiving accurate information on the rental application allows optimal opportunity to collect.

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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