Legal Q & A
Q. One of our tenants claims we owe him for the loss of the food stored in his refrigerator. The refrigerator broke down, and we had it fixed within two days. Do we have to pay for his food?
A. Not unless your tenant could prove that you were negligent in the maintenance of the refrigerator or knew or should have known it would break down. Landlords are not the insurers of tenant’s property loss. Smart tenants purchase renters insurance to cover these types of losses.
Q. My tenant moved in a few years ago with a roommate, and they paid the security deposit together. That roommate moved out, and another roommate moved in. At that time, the rent was increased and they paid some additional security deposit. Who is entitled to the security deposit when the unit is vacated?
A. You should make the check out to all of them unless you receive in writing from any one of them that he or she has relinquished all rights to the security deposit of the others.
Q . Can we charge a fee of $75 for returned checks and $75 for late fees after the third day of each month?
A . The law restricts NSF (non-sufficient funds) charges to $25 for the first check and $35 for the subsequent checks. Late charges must be true estimates of what your actual losses are and not penalties for non-performance or inducements for performance.
Q . I have just received a notice of Chapter 13 bankruptcy for a residential tenant. Should I expect to not receive rent for some period of time, and if so, what period of time can that be?
A . You should receive rent, as Chapter 13 plans are intended to pay off all past and current debts. If you do not receive rent however, you must seek a Relief or Automatic Stay Order from the Bankruptcy Court to proceed with an eviction.
Q. There was a grease fire in one of our rental units due to a tenant’s lack of cooking skill. What is my obligation to provide alternate accommodations for the tenant? Am I required to keep her as a renter?
A. You are not obligated to put the tenant up; she is destroying your unit. You may have a right to evict her based upon the waste of the unit, which requires a three-day notice to quit.
Q. We are aware of the 21- day requirement to send a disposition of security deposit. What is the probability of a court having a problem sending the disposition three days late?
A. The tenant would have to prove that you acted maliciously to be held to the penalty of returning up to twice the amount of the security deposit. I do not see any facts supporting malice (bad faith) here. In the future, send a partial accounting within the deadline and a final accounting when all of the expenditures are in.
Q. The tenants living in one of our apartments signed a one-year lease that states there will be no pets allowed. They now have two cats in the apartment and are only in the second month of the lease. We served a three-day notice to perform covenant or quit. They have chosen to leave. The rent for the entire month was paid. Are they entitled to the prorated amount of rent for the unused portion of the month?
A. No, they are liable for the remainder of the lease up to the time you relet the premises, whichever occurs first.