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Question: We have served our tenant a 60-day notice of termination of tenancy; however, the renter has quit paying the rent. Now we are preparing to send a three-day notice to pay rent or quit. What is the next step if the tenant doesn’t pay? Answer: If the tenant does not comply with the three-day notice by paying the rent, you can commence eviction procedures. If the rent owed is paid, the 60-day notice is still valid unless you asked for rent that goes beyond the 60-day notice period. Question: Our tenants were supposed to move out in two weeks.… Read More

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Question: I suspect there are at least five people living in a one-bedroom apartment in one of our units. The lease only allows three persons and they have not paid rent. I want to serve a three-day notice to pay rent or quit, but I do not know all of their names. What should I do? Answer: If you serve a three-day notice, address it to the occupants for which you have the names and also to “all others in possession.” If they pay the rent, however, you may have agreed to the additional people living there. If you do… Read More

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Question: I am an owner of several small apartment buildings. What legal responsibility and liability does an owner have for changing locks when changing tenants? Answer: An owner or manager of rental property is held to the same standard of care that would be required by a reasonable and prudent owner or manager in like circumstances. In other words, if one of your residents claims he or she was robbed or injured by someone who had a key to his or her apartment, this person could claim you were responsible. The tenant could prevail in court if the trier of… Read More

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Question: Is there any way to impose a rent increase on tenants with a lease or do you have to wait until the lease is expired?  Can you raise rents on specific units and not all units? Answer: You have to wait until the lease expires unless the lease term contained an automatic rent increase.  If there is an objective business reason, you can raise rent on some units and not others, as long as it does not violate fair housing laws.  Many owners increase the rent on the tenants’ anniversary dates. Question: I have a tenant who has been… Read More

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Question: We have a one-year lease with a tenant that will expire in four months. If we sell the house now, and the buyer wants to move in, would we be able to break the lease? Answer: The buyer “steps into the shoes” of the seller and the lease is binding upon the new owner. Question: I allowed a tenant to move in and pay the security deposit in several payments. They are not able to make the final payment. What can I do? Answer: You can serve a three-day notice to perform conditions or covenants or quit. If the… Read More

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Question: A new tenant signed a six-month lease. Now, he claims he feels unsafe because of an incident at the property and wants to terminate the lease. The tenant claims he has a 72-hour period to rescind the lease after it is executed. Is this true? Answer: There is no 72-hour right of rescission for residential leases. Question: Is there a law on the length of time a resident must reside in an apartment not to be charged for paint or carpet when they move out? What are the guidelines? Answer: No, the tenant can always be charged for painting… Read More

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Question: A couple recently applied for one of our vacant units. They have jobs but do not quite qualify for the unit (they need to make three times the amount of the rent). They said that his father would be willing to co-sign as a guarantor in order to qualify. How should I work this arrangement on the lease? Answer: Guarantor agreements are separate and distinct from the lease and may be rendered void if the lease is modified without the knowledge or consent of the co-signor or guarantor. Carefully drafted guarantee agreements can eliminate this risk. Question: One of… Read More

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Question: I recently purchased a triplex, and the escrow will be closing in a couple of days. The tenants are currently on a month-to-month rental agreement. Do I have to wait until the end of the month, or can I serve a 30-day notice as soon as I take possession of the property? Answer: You can serve a 30-day notice at any time in a month-to-month tenancy. You do not need to wait until the end of the month. You are also entitled to rent for the 30-day time period. If all of the tenants in the unit have been… Read More

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Question: The guest of one of my residents broke the window of the unit. Our lease states that residents are responsible for damages caused by them or their guests. The resident is refusing to pay and said she is not responsible as the damage was caused by her friend. The resident is adamant that I must first attempt to sue/collect against the friend (who I do not have any contact information for) before I can try to come after the resident directly. Is that correct? Answer: The resident is responsible for the conduct of her guests. There is no legal… Read More

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Question: My tenant claims that since she moved out on Day 3 of the three-day notice to pay rent or quit she is not responsible for any rent. Is that true? Answer: That is false. Your tenant cannot “benefit from her breach.” She is still responsible for the remainder of her lease term or until you re-rent the property, whichever occurs first. Question: I have three roommates on a lease. One of them moved out. Do I have to refund his portion of the security deposit? Answer: No. The security deposit remains with the apartment. You do not need to… Read More

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