Legal Q&A: Must I keep tenant who caused grease fire?

April 27, 2015

Question: There was a grease fire in one of our rental units due to a tenant’s lack of knowledge of cooking. What is my obligation to provide alternate accommodations for this tenant? Am I required to keep her as a renter?

Answer: You are not obligated to put the tenant up. You may have a right to evict her based upon waste of the unit, which requires a three-day notice to quit.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: The tenants living in one of our apartments signed a one-year lease which states that there will be no pets allowed. They now have two cats in the apartment and are only in the second month of the lease. We served a three-day notice to perform covenant or quit. They have chosen to leave. The rent for the entire month was paid. Are they entitled to the prorated amount of rent for the unused portion of the month?

Answer: No, they are liable for the remainder of the lease or up to the time you relet the premises, whichever occurs first.

Question: My tenants paid an extra deposit for a pet. They gave away the dog after two months. Now they are asking if the pet deposit could be returned.

Answer: You do not have to account for the use of the deposit until 21 days from the date they return possession of the premises, so don’t refund any of the deposit.

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.

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