Question: After serving a three-day notice to pay rent or quit, does the day of service count towards the three-day period?
Answer: The first day of service does not count towards the three-day period. The first day to count is the day after service of the notice was completed. The tenant must have three full days after service before filing the summons and complaint.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: May I demand a late charge in a three-day notice to pay rent or quit?
Answer: No. Do not demand any other fees or charges other than the tenant’s past due rent in a three-day notice. For example, do not include utility charges or interest in the notice even if a written lease or rental agreement states you are entitled to these payments. A separate three-day notice for all other fees owed may be served along with the three-day notice to pay rent or quit.
Question: Am I entitled to use a deceased tenant’s security deposit?
Answer: You are entitled to use a deceased tenant’s security deposit to cover unpaid rent, pay for damage beyond normal wear and tear, and to perform necessary cleaning to the unit.
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.