News: Tirey St

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Question: After a 60-day notice expires, can I change the locks and have the resident’s belongings removed? Answer: No, you must go through the eviction process if they did not comply with the 60-day notice. In any case, before you act, you should consult with an attorney. Question: If a tenant does not give a 30-day notice of intent to vacate, can the full security deposit be kept by the landlord? Answer: You can only deduct for any unpaid rent up to 30 days from the date the tenant vacated if the tenancy is month-to-month or until the premises are… Read More

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Question: We served a 60-day notice of termination of tenancy on a renter. We have not received a rent payment yet, so we served her a three-day notice to pay rent or quit. Do you recommend that we start eviction proceedings now or do we wait until the notice expires? Answer: You should proceed immediately with the eviction; if they do not have enough money to pay you, they may not have enough to move out. Question: A couple moved into our rental unit one month ago. Since they moved in, we have received eight complaints from the neighbors, who… Read More

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Question: How can we determine if the roaches in the apartment were the result of bad housekeeping? Is it our responsibility to get rid of the roaches? Answer: Ask your pest control professional to give his or her opinion on how the roaches came into the apartment unit. The court will rely heavily on expert testimony in these cases. If you can prove the tenant was responsible for the infestation, they are responsible for the cost of removal. Question: If our tenant sublets, and the sublessee defaults in the rent, do I give a notice to the tenant or the… Read More

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Question: I have a two-bedroom apartment rented to two roommates. One roommate always pays the rent on time. The other roommate is habitually late. Can I do an eviction based on a partial payment even though the month is not over? Answer: Both tenants are responsible for the entire amount of the rent so long as they are on the same rental agreement/lease. You should serve a three-day notice to pay rent or quit for the balance of the rent and name both roommates. If they do not comply, commence an unlawful detainer action naming both. Question: I believe that… Read More

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Question: Does the acceptance of rent from someone who is not on the lease mean I have accepted him as a tenant? Answer: Accepting a third-party check does not by itself necessarily indicate that you have accepted this person as a tenant. It is a good idea to indicate that this is being received on behalf of the tenant and does not indicate any tenancy relationship between you and the check writer. Question: I am having a bit of a problem with a repeat visitor on my property. He is a young man who knows a lot of the children… Read More

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