Question: I have tenants who have a written rental agreement for their apartment. They pay $785 per month. They also rent the garage at $50, but there is no written agreement for the garage, either separately or in the rental agreement. If we give the tenant a three-day notice to pay at $835, would it be enforceable in court?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: Since the terms of the garage rental are unclear, it would be safer to serve two three-day notices, one for the apartment rent and one for the garage rent. They could be served simultaneously.
Question: I have a tenant who has rented from me for a couple years. Her husband left the family. She asked me about Section 8. Would it be discrimination if I did not choose to get involved with Section 8?
Answer: You do not have to participate in the Section 8 program, and it is not considered discriminatory to make that decision. Source-of-income protection only applies to payments that go directly to the tenant.
Question: If I suspect drug activity in an apartment, can I evict the residents?
Answer: Yes, but unless you are on a month-to-month agreement, you must have evidence of the drug-related activity. Otherwise, you may serve a 60- or 30-day notice to quit based upon your suspicion.
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.