Question: If I gave a resident a 30-day notice of rent increase which ends on the 10th of the following month, can I charge the resident pro-rated rent for the first nine days at the daily rental value before the rent increase and the other 21 days at the daily rental value of the increased amount?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: Yes, the rent increase is effective 30 calendar days from the date of service of the increase. The notice has to be for 60 days if the rent increase is more than 10 percent from what it was one year before.
Question: Is there a “rule of thumb” for carpet depreciation?
Answer: It depends upon the quality of the carpet. You need to find out from the manufacturer the life span of the carpet under “ordinary wear and tear.” If it has to be replaced before that time, it may have been subject to extraordinary wear and tear, and then the tenant would be held liable for the loss of use of the carpet.
Question: If the contract says no pets, but does not specify fish, can I stop a tenant from keeping a 150-gallon aquarium?
Answer: Fish are considered pets by most judges, so they are violating the lease by having a 150-gallon tank. A small goldfish bowl may not constitute a major breach, but a 150-gallon tank most likely does.
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.