Gardens v. Ramirez

KIRBY, J. D. C.

These landlord-tenant cases for nonpayment of rent include a common question of law. They have been consolidated for resolution of the single legal issue—“Must a landlord give notice to a tenant before transferring security monies from one bank to another or into a certificate of deposit?” A necessary corollary to this determination, if decided in the affirmative, is whether such monies can then be used for rent by the tenant if such notice is not given by the landlord. This novel issue has not heretofore been resolved in this state in any reported decision or unreported…