Question: Can I have the resident pay more security deposit to make up the difference from rent increases?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: You can unilaterally change the terms of a month-to-month agreement by properly serving a thirty-day notice of change of terms of tenancy. This cannot be done with a fixed-term lease. You would have to wait until the lease expires and then upon renewal ask for a higher or additional deposit.
Question: Does a resident have to stay in his apartment for a certain number of days per month in order for his lease to remain in effect?
Answer: Not unless the lease requires actual possession.
Question: Our new residents, who are college kids, are driving the neighbors crazy with their partying, and they are only one month into their one-year lease. What kind of notice do I need to serve?
Answer: If the disturbances are major and continuous, or if the police have to be called, you may be able to serve a three-day notice based upon nuisance and commence the unlawful detainer action if they fail to vacate pursuant to the notice.
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.