Legal Q&A: Is new owner subject to prior owner’s pet policy?

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Question: Is the “removal of roommate” form still valid even if one roommate does not sign?

Answer: If the landlord allows the current tenants to substitute another person for one of the residents, many landlords use a “removal or roommate” form. All adult occupants of the premises should sign the removal-of-roommate form to avoid potential issues.

Question: Is a new owner subject to the pet policy of a previous owner?

Answer: Yes, but if the lease is a month-to-month agreement, it can be changed by properly serving a 30-day notice of change of terms of tenancy on the tenant.

Question: What is the best way to handle the 31-day month? When a tenant moves in mid-month, is it best to prorate the remaining days until the 31st or is it best to ignore the 31st day and consider all months to be 30 days?

Answer: There is no specific law on point, so if your lease doesn’t address this issue, most judges use a 30-day month to calculate daily rent notwithstanding the number of days in the month.

Ted Kimball Kimball, Tirey & St. John LLP

Ted Kimball
Kimball, Tirey & St. John LLP

 

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.

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