Question: I purchased a building in which two of the three tenants do not have a deposit on file. Can I require a deposit for continuing tenancy?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: If their lease agreement is month-to-month as opposed to a fixed-term lease, you can serve a 30-day notice changing the terms of the tenancy to require a deposit. If it is residential, your limit is twice the amount of the monthly rent if the unit is unfurnished.
Question: New tenants signed our lease and paid the first month’s rent. Now they want to get out of the lease. They did not take possession.
Answer: When the tenant signs a lease, they are bound by the terms whether or not they change their mind later.
Question: Our renters signed a one-year lease but were evicted after two months. They moved out before they were locked out. Are we able to charge rent until the unit is rerented?
Answer: An eviction doesn’t end the tenant’s responsibilities.You can charge them up to the time the lease expires or the time the premises are relet, whichever occurs first. However, you do have an obligation to mitigate the losses by attempting to relet the premises.
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.