Question: I have a tenant who never pays his rent until he receives a three-day notice. We normally serve notices on the eighth of the month even though the rent is due on the first. He is on a one-year lease, and I don’t know my legal rights.
Answer: You can try serving him with a three-day notice to pay rent or quit earlier than the eighth of the month. If he fails to make payment within the three-day period, you have the right to refuse the rent and commence eviction proceedings.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: I have a tenant who always “races” his car in the parking area. We have families with small children and a posted 5 mph speed limit. What can I do to make him stop?
Answer: Creating safety hazards on the premises in a continual manner may be good grounds for eviction based upon the nuisance activity. If the reckless manner in which he operates his vehicle continues after warnings, a three-day notice to quit may be served.
Question: I have a tenant who left her window open when it rained, causing water damage to the floor. She said she did not have to pay for the damage because we have insurance for this type of thing and we did not lose anything. What should I tell her?
Answer: Your insurance has nothing to do with a tenant’s responsibility for negligence. If your insurance paid for the damage, they would have the right to be reimbursed by the tenant who caused the water damage. You would also be able to recover the deductible you paid. If the tenant has renter’s insurance, he/she may be covered for this type of loss.
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.