Question: One of the recent applicants to our apartment community claims he is paid “under the table.” How do I verify his income?
Answer: You really can’t, and because he is committing fraud, you should not consider this a legal source of income. If they fail to otherwise qualify, deny his rental application.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: One of our tenants was recently arrested and has not paid the rent. We served a notice by “nail and mail,” and it has been over three days. How do we serve the unlawful detainer (eviction) on the tenant while in jail?
Answer: Most jails will allow your process server to serve the tenant while in jail. It can take several hours before they are able to pull the inmate up, but your process server can be waiting for him or her and legally serve them while incarcerated.
Question: One of our residents served us with a written 30-day notice and has failed to vacate after 30 days. Can I start the eviction process or must I serve a 30-day notice first?
Answer: If a residential tenant serves the landlord with a written 30-day notice and the rental term is month-to-month, the landlord may immediately file an unlawful detainer (eviction) action in court on the 31st day, providing the 30th day fell on a business day.
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.