Legal Q&A: Determining cause of roaches in apartment

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Question: How can we determine if roaches in an apartment were the result of bad housekeeping? Is it our responsibility to get rid of the roaches?

Ted Kimball Kimball, Tirey & St. John LLP

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: Ask your pest control professional to give his or her opinion on how the roaches came into the apartment unit. The court will rely heavily on expert testimony in these cases. If you can prove the tenant was responsible for the infestation, they are responsible for the cost of removal.

Question: If our tenant sublets, and the sublessee defaults in the rent, do I give a notice to the tenant or the sublessee?

Answer: You serve one notice with both of their names on it to both.  They should be evicted in the same action.

Question: What should I do if I suspect drugs are being sold out of one of our apartments?

Answer: Call the police and report the incident. Ask the police for any further direction. Document all of the calls and what you said, did and observed.  Finally, contact an attorney to determine whether or not you have enough evidence to proceed with an eviction.

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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