Question: We evicted one of our tenants and obtained a monetary judgment. Now we find that they have moved to Arizona. Can I collect against them since they moved out of state?
Answer: If you have a judgment against a former tenant and they move out of state, you can have the judgment recognized by that state as a valid judgment, which would allow you to proceed to levy against their bank accounts or garnish their wages in the state where they now live.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: Can an owner/property manager require that a tenant secure renter’s insurance?
Answer: Yes, to protect the property and assets, landlords can require that the tenant obtain renter’s insurance as a covenant and condition of the lease.
Question: A tenant has delivered a payment but the three-day notice has already expired. I don’t want the money at this point. I do want possession of my unit back. Should I return the payment?
Answer: If you do not return and reject the payment, an argument could be made that the payment has been accepted and the three-day notice has been waived. You should therefore return and reject the payment.
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.