Question: My tenant claims that since she moved out on Day 3 of the three-day notice to pay rent or quit she is not responsible for any rent. Is that true?
Answer: That is false. Your tenant cannot “benefit from her breach.” She is still responsible for the remainder of her lease term or until you re-rent the property, whichever occurs first.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: I have three roommates on a lease. One of them moved out. Do I have to refund his portion of the security deposit?
Answer: No. The security deposit remains with the apartment. You do not need to provide the security deposit accounting until everyone vacates. You then have 21 days to do so.
Question: One of my residents passed away over the weekend. What happens to the lease now?
Answer: If the resident was on a lease, his estate is still liable for the rent until that lease expires or until relet, whichever occurs first. If it was a month-to-month tenancy, then the lease is terminated as of the end of the period last paid for by the tenant.
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.