Legal Q&A: Resident doesn’t want on-site maintenance to perform repair

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Question: If you give residents a 60-day notice of termination of tenancy and they do not pay their rent for that month, is it OK to give them a three-day notice to pay or quit? The three-day notice does not void the 60-day notice, does it?

Ted Kimball Kimball, Tirey & St. John LLP

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: You can serve them with a three-day notice to pay rent or quit, and if they fail to comply, start the unlawful detainer action. Just make sure you do not ask for rent that goes beyond the 60-day notice period.

Question: I would be interested in knowing what to do when a resident is demanding a repair be made inside of their apartment, but at the same time is demanding that none of the on-site maintenance staff complete the repair. Do we hire an outside vendor or must the resident allow the staff that is available to complete the repair?

Answer: You should find out the reason the resident does not want on-site staff to do the repair.  You have the right to choose who should do the repairs for your apartment units.

Question: One of my tenant’s sons just turned 18 years old. Should I obtain an application from the son, and add him to the rental agreement?

Answer: You should have everyone 18 years of age or older fill out an application and sign the rental agreement.

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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