Question: This month’s rent check from a tenant had a second name printed below the tenant’s name on the upper left corner of the check. If I cash the check for this month’s rent, am I changing the terms of tenancy?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: The mere fact that another person is listed on the check does not change the terms of the tenancy. You should inquire about the other person or find other ways to determine if there is an unauthorized occupant, and if so, either have the extra person apply for residency or serve a 3-day notice to perform covenants or quit.
Question: If I give a 60-day notice (tenants have lived there for over a year) to tenants, can they move before the 60 days are up? If so, do they have to give 30 days’ notice, or can they just move?
Answer: They can move out within the 60-day period by serving you with a 30-day notice. If they leave before the 60-days are up without serving a 30-day notice, they still owe rent up to the date the 60-day notice expires or the premises are relet (you have to try to relet the premises).
Question: I am considering selling a duplex I own. Both sides are rented under one year leases. A potential buyer said he would need to move into one side of the unit and could not wait for the lease to expire. If there is a sale, doesn’t that terminate any lease I have with the tenants?
Answer: A voluntary sale of leased property does not terminate the rental agreement or lease; the new owner steps into the shoes of the former owner and has the same rights and obligations of the former owner.
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.