Question: One of our tenants owes us for past due rent and part of his security deposit. He has given us a check for the amount of the rent, but I want to first apply it to the deposit and then serve a three-day notice to pay rent or quit for the unpaid balance. Is that legal?
Answer: Yes, but only if the tenant did not designate where the money was to be applied on his check, or other written correspondence. You could avoid the issue by applying the payment to rent and then serving a three-day notice to pay the balance of the deposit, or quit. Failure to pay could lead to a successful eviction.
Question: What can you do about a tenant being cruel to an animal such as keeping a large dog in small quarters outside with the dog crying in the rain, cold and heat?
Answer: You have a right to report any criminal or inhumane acts occurring on the rental property. If the mistreatment constitutes a crime, you could evict the tenant for carrying on illegal activity on the premises.
Question: Is a phone text an official written notice for a 30-day notice?
Answer: No, a 30-day notice has to be in writing and physically deliverable to the tenant in person, or by serving another person of suitable age and discretion on their behalf or by posting a copy on the door and mailing a copy.
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.