Legal Q&A: What if prospective renter is intoxicated?

August 3, 2016

Question: Please tell me the law on roommates and the return of security deposits when only one vacates the unit.

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: Unless you provide otherwise in your lease, you do not release the deposit until after you regain possession of the unit. It is up to the roommates to figure out who gets what as they are “jointly and severally” liable for the performance of the lease.

Question: I have several tenants who have damaged their units. What can I charge?

Answer: You can charge for the actual out-of-pocket costs, as well as labor. If you do it yourself, you should charge what the market would charge if you hired someone to do the work. In other words, it must be a reasonable charge.

Question: Can I refuse to show the premises to a prospective resident because they are obviously intoxicated?

Answer: Yes, if you are concerned about your safety or just wasting your time, you can refuse to show the premises to an intoxicated applicant. However, make sure the person is really intoxicated and not just under a physical or mental disability. In order to enter in a binding agreement, the parties must not be temporarily incapacitated by intoxication.

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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