Question: Is a new owner subject to the pet policy of a previous owner with month-to-month agreements?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: Yes, but the terms of a month-to-month agreement can be changed by properly serving a 30-day notice of change of terms of tenancy on the tenant.
Question: What is the best way to handle the 31-day month? When a tenant moves in mid-month, is it best to prorate the remaining days until the 31st or is it best to ignore the 31st day and consider all months to be 30 days?
Answer: There is no specific law on point so if your lease doesn’t address this issue, most judges use a 30-day month to calculate daily rent notwithstanding the number of days in the month.
Question: We have a tenant who has been incarcerated. Her aunt is coming by to remove her personal belongings from the unit before the tenant’s 30-day notice expires. Does the tenant still owe rent for the remainder of the days left on the notice to vacate even though the unit key has been returned to us?
Answer: Yes, unless you are able to relet the premises before then.
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.