Question: Our tenant gave us a 30-day written notice to terminate her tenancy. She moved out 10 days after serving the notice and claims she only owes rent up to the day she left.
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: She is liable up to the date the 30-day notice expires or you relet the premises, whichever occurs first. You are required to attempt to find a new resident to hold the tenant liable.
Question: I have a maintenance worker who was terminated and was given seven days to vacate his apartment. He has not left, and I would like to know if I need to send him through the eviction process or if there is anything else I can do to get him out.
Answer: You need to send him through the eviction process. If he was purely an employee, and not paying rent, you can immediately file the unlawful detainer action.
Question: Is it illegal for an owner to charge for his own labor (as long as it is the going rate for that type of work) and deduct that amount from the tenant’s security deposit?
Answer: It is not illegal to deduct for your own labor from the tenant’s security deposit. You can charge a reasonable hourly rate and must state the time and rate in your security deposit disposition statement.
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.