Question: I have a former tenant who claims that, since she had a one-year lease, she is not obligated to give a 30-day notice. Is this true?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: There is no statutory requirement that a 30-day notice of non-renewal be given during a fixed-term lease, but if the lease requires a notice of non-renewal and she fails to give one, she is in breach of the lease and can be liable for any losses you suffer as a result.
Question: Can an apartment community charge a monthly pet rent and pet deposit to have a pet?
Answer: Yes, so long as it does not apply to service animals for the disabled.
Question: How does one collect on a judgment against a former resident?
Answer: A judgment can be collected in a variety of ways: wage garnishment, bank levy, seizure of non-exempt personal property and sale are the most common. A judgment debtor examination can also be used to locate assets, and if the debtor fails to appear, a warrant is issued for their arrest.
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.