operates Rental Properties for Independent Owners in 69 zip codes
throughout the region. We do so utilizing Industry Best Practices which
has direct benefits to our renters. We have provided superior housing
alternatives for more than 4 decades. Our available rental inventory
changes daily. www.fbs-pm.com/rentals
As professional managers we must stay on top of a variety of laws,
regulations and housing codes that can be very important to our
independent rental owner clients as well as our renters by choice. We
review and update our forms, policies and routines with the the help of
KTS. Kimball, Tirey and St. John. Here are some of the situations that
we asked Ted Kimball to weigh in on –
Landlord/Tenant Questions & Answers
Ted Kimball, Esq. July, 2014
Question: Can I accept rent after serving a notice for an issue other than payment. For example: an unauthorized occupant notice.
You should always check with a knowledgeable attorney to
determine whether you should accept rent or not if the notice served was
for something other than payment. Often times accepting rent after
serving a notice can waive the notice.
Question: At what point does my property require an onsite resident manager?
If your property has 16 units or more, you are required to have a person onsite who represents the owner.
Question: A resident at my property was taken to the
hospital and passed away. Since the lease requires a 30-day notice,
what is the law as far as reimbursement of the deposit?
When a tenant passes, the month-to-month tenancy is terminated 30
days from the date of the decedent’s last rent payment. Therefore, you
have 21 days from that date to account for the security deposit assuming
that you have taken over possession of the unit. If anyone else is
claiming a right to possession, you would need to go through the
Question: We rent garages out to our residents. One
of the residents moved a bed and some furniture into the garage and we
believe someone is sleeping there. What can we do to make sure we do not
have any issues with the use of the garage as a bedroom?
If you have a separate month-to-month agreement for the garage,
you can terminate the garage rental with a 30-Day Notice to Perform
Conditions or Quit to require the removal of the bed.
Question: My resident is not parking in his assigned
parking space on the property. Can we issue him a parking citation for
parking in the wrong place?
No, you cannot issue a parking citation. Only the local traffic
enforcement agency has the ability to issue parking citations. You can
either issue a Notice to Perform Covenant or Quit if the resident is
violating your parking rules, or tow the resident’s car.
Question: I have a resident who has bed bugs in his
unit. He refuses to allow access to his unit so that we can start
treatment. Can we evict him? Can we charge for the cost of treatment?
First, you need to send a Notice to Perform Covenant of Quit for
refusal to allow access. If your resident fails to provide access prior
to the expiration date of the notice, you can start the eviction
process. As for charging the resident for treatment, if you can show
that the resident is responsible for the infestation, you should be able
to charge. It is important to have a professional pest control vendor
who specializes in bed bugs that can provide you with a detailed report
regarding the source of the infestation, how long the unit has been
infested, and any other information which will help show that it was the
resident who caused the infestation.