Legal Q&A: Is there a minimum type size for leases?
Question: If a tenant gives a 30-day notice on the 15th of the month, is it legal to charge them the full rent for the next month and return the prorated remainder of the rent once they have turned in the keys?
Answer: No, they are only required to pay the pro rata portion of their rent for the next month.
Question: Is there a mandatory, minimum, type size for leases?
Answer: No, but the larger the font size, the better. Also, if you have an automatic lease renewal provision, it must be in at least 8-point font and bolded.
Question: This month’s rent check from a tenant had a second name printed below the tenant’s name on the upper left corner of the check. If I cash the check for this month’s rent, am I changing the terms of tenancy?
Answer: The mere fact that another person is listed on the check does not change the terms of the tenancy. You should inquire about the other person or find other ways to determine if there is an unauthorized occupant, and if so, either have the extra person apply for residency or serve a 3-day notice to perform covenants or quit.
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.
Recent Legal Q&A posts:
- Legal Q&A: What if I suspect drugs are being sold from one of our units?
- Legal Q&A: Is new owner subject to prior owner’s pet policy?
- Legal Q&A: What can landlords do when a tenant commits animal cruelty?
- Legal Q&A: Must reason be given when not renewing lease?
- Legal Q&A: Dealing with broken-down car at fourplex
- Legal Q&A: Can I ban alcohol in the pool area?
- Legal Q&A: Must owners conduct annual smoke detector inspections within units?
- Legal Q&A: Noise complaints about new tenant with 1-year lease
- Legal Q&A: What if a rent check is late but dated to appear on time?
- Legal Q&A: Tenant’s friend appears to be living in apartment