Q&A: Answers to legal questions about property management


Question: Does the acceptance of rent from someone who is not on the lease mean I have accepted him as a tenant?

Ted Kimball Kimball, Tirey & St. John LLP

Ted Kimball
Kimball, Tirey & St. John LLP

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 who live here. It has been brought to my attention that he has been selling marijuana on our property, but I have not personally seen this. Can I keep him off of the property based on this information?

Answer: If he is not visiting one of your tenants, he is trespassing. If he is visiting one of your residents, they are responsible for his conduct. In any case, you should call the police.

Question: I have a resident who moved in this last month. I have had a lot of noise complaints about him from other residents. I have also issued three warning notices for noise and the cleaning of his patio. He has a one-year lease. What can I do?

Answer: If the disturbances rise to the level of a public or private nuisance (major, continuous disturbances to neighbors), then you could serve a Three-Day Notice to Quit based upon the nuisance.

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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