Question: In our lease agreements, we require tenants to pay their rent on the first of the month. If the first falls on a holiday, do you have to give the tenants until midnight on the second to pay the rent, or can you still enforce the late fee as of midnight on the first?
Answer: Rent is not “legally late” unless one business day has expired from the date the rent is due. So if the first is a weekend or holiday, the rent is not late until the next business day has expired.
Question: Can I ban alcohol in the pool area?
Answer: You can control the common areas of the premises so you could ban the use of alcohol in the pool area.
Question: Do I have to give a 60-day notice on a month-to-month tenancy for a rent increase of 10 percent?
Answer: No, a 30-day notice is all that is required unless the increase is more than 10 percent of what the rent was one year ago.
Ted Kimball
Kimball, Tirey & St. John LLP
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.