Question: One of our tenants is moving out in three weeks. She has refused to allow any prospective tenants to see the apartment. Is there any way we can force her to let us in since the law says we have the right to show it?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: You can serve her with a three-day notice to perform conditions and/or covenants or quit requesting that she give you reasonable dates and times for entry. If she fails to comply, an unlawful detainer action can be filed.
Question: Three roommates signed the lease. If one roommate pays the rent every month from his checking account, does that mean he is responsible for the rent instead of the other three roommates?
Answer: No, each resident is presumed to be “jointly and severally” liable for the breach of any of the provisions of the lease. This means they are individually, as well as collectively, responsible for all payments, including rent. Most leases state this in the body of the lease so there is no question.
Question: If a tenant is evicted, does he forfeit his security deposit?
Answer: Even though a tenant is evicted, he still has a right to an accounting of the use of his security deposit. The deposit can be used for cleaning, repairs and delinquent rent.
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.