Question: I do not know how to start the 30-day notice to terminate. I have given a three-day notice for non-payment of rent, but I do not know what to do next.
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: If the tenant has not complied with the three-day notice, there is no reason to serve a 30-day notice. Instead, you may start the unlawful detainer process in court immediately.
Question: My question concerns residents who deposit their check in the rent drop box after the due date. The lease provides that rent is due on the first, and if it is not received by the fourth, it is considered late, and a $25 late fee is imposed. On the morning of the fifth, the rent drop is emptied and any checks received after that time are deemed to be late. Each month, there are a few residents who put an earlier date on the rent check and drop it in after the fourth. How should we respond to this situation?
Answer: It makes no difference when the check is dated. If the check is delivered after the fourth, the tenant owes the late charge. By dating the check earlier, it only raises a question of proving when the check was first received. So long as you can demonstrate to the satisfaction of the court that the check was delivered late, you should be able to enforce the late charge.
Question: One of our tenants wants her security deposit refund in cash as the other roommate on the lease has moved out of state with no forwarding address. If the missing roommate’s name is on the refund check, the remaining tenant is concerned that she cannot cash the check.
Answer: You can either make the check out to both tenants or have one tenant send you a notarized statement that he/she is relinquishing all rights to the deposit to the other tenant. Otherwise, you face potential liability to the one who did not receive 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.