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Question: A tenant gave a 30-day notice of move out on the 10th of the month and turned in his keys to the owner 5 days later
on the 15th. Is he still liable for the balance of the rent owed through the 10th of the month?
Kimball, Tirey & St. John LLP
they do not vacate on time?
Answer: You should have them sign an agreement to vacate on a specific date so if they fail to vacate you can immediately
Qproceed with an action for unlawful detainer.
uestion: When you return a security deposit disposition to the vacating tenant, what is the statute of limitations if they do not agree
with the deductions and wish to sue in small claims court?
Answer: If your rental or lease agreement was in writing, the statute of limitations is four years. If the agreement was verbal, it is two
Please turn to page 26
Answer: Yes, the tenant still owes for the 30-day notice period, minus amounts that can be collected from a replacement tenant. The
Qlandlord has to make a diligent effort to relet.
uestion: Our tenants were supposed to move out in two weeks. However, the house they were moving into is not completed and they
need to stay for another fifteen days. I have no problem with this, but my question to you is what if
Landlord/Tenant Questions
&Answers by Ted Kimball, Esq.
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AMM3 APARTMENT MANAGEMENT MAGAZINE - NOVEMBER 2021 25