have a tenant that doesn't want to sign a new lease now that his is expired, and I don't know how to go on from here.
2007-01-14 11:09:06 · 10 answers · asked by landlord13 1 in Business & Finance ➔ Renting & Real Estate
This is actually pretty standard. After a lease is up, all the terms are still valid, except the contract is now on a month to month basis.
If you want your tenant to sign a new lease to guarantee another period of time he or she will rent, you should offer some sort of bonus, like a 5% rent reduction, or a guarantee their rent will not go up in that period.
Quite frankly a few of the answers below mine are terrible. You can't just demand a higher security deposit. That's part of the contract you originally signed. You sure as hell don't want to evict a tenant who you would like to keep. If you feel you must have another guaranteed rental period, use a carrot instead of a stick and offer that bonus.
2007-01-14 11:14:08 · answer #1 · answered by Uncle Pennybags 7 · 0⤊ 0⤋
Depending on your state, they become what is called "Tenant in Sufferage." All that means is they don't have a lease.
If the lease has expired, then you can give them a notice to vacate the premises. Usually that is a 30 day notice, but some states have longer time limits, i.e. California.
What I would do is find out what their objection to the lease is, and see if changing it is okay with you, but it should be a very minor change.
Usually, the tenant who doesn't want to sign a lease want to move, and don't want to be tied to a lease. If it is a year lease, you might get them to sign a 6 month instead.
I would go by with the lease, and the 30 day notice, and tell them that either the lease get signed or you will have to serve them.
I have it on my leases that the term is 6 months, becoming month to month thereafter.
If after 6 months you want to get rid of them, 30 day notice is all that it takes.
I don't know how many rentals you have, but if you have more than one or two, create a business name, register it if you need to, and portray yourself as the manager and not the owner.
That way you can tell the temant that you are just doing your job. You can gain their sympathy by telling them if they don't sign the lease, you will be in trouble and could get fired.
My favorite, is to call the owner a jerk. Of course, I'm the ower, but the "owner" never leaves the house. Only the manager deals with the tenants.
2007-01-14 11:22:32 · answer #2 · answered by A_Kansan 4 · 1⤊ 0⤋
Well, most apartment complexes handle it this way. If you don't sign a lease then the rent goes up considerably for month to month renting. Your tenant can give you thirty days notice and be gone. Or you can tell them that they will have to move if they do not sign the lease as you do not lease the place by month to month. Then put it on the market.
2007-01-14 11:21:04 · answer #3 · answered by djjcheval 1 · 1⤊ 0⤋
the rental biz is a dbl-edged sword, you either get a T that you want to keep on a lease or a T that keeps a pig-stye that is on a L and you want to get rid of them.
The lease gives you the advantage if the T is good, but a burden if not...The mo-to-mo is better excepting when you get a good T and he wants to take a ride on reading like yours is, and a god-sent when the T is a pig amoung other things...then you have the upper hand and can get rid on the T in 30days.
It might be advantagous for you to find out what reason the T is leaving and if you want to keep him/her; and your offer could fit in in their program as well...make them an offer they can't refuse so they'll stay at your rental over moving.
I've got 40 rentals and rent to students, and I'm always doing a 'monte-Hall' to keep full.
2007-01-14 12:24:27 · answer #4 · answered by ticketoride04 5 · 0⤊ 0⤋
He can go month to month- but you might want to tell him you need to collect a higher deposit or last months rent to protect you from him leaving with out notice and the place being vacant. If he is a good tenant, It's best to respect the fact he might know he is moving in 6 months or something. Just tell him you need as much notice as possible and if he can give you extra notice he can get his last month's rent back.
2007-01-14 11:17:11 · answer #5 · answered by weswe 5 · 0⤊ 1⤋
Give him a thirty day notice to vacate, advising him that you only rent with a lease. It's your property, don't let the tenants dictate to you.
2007-01-14 11:17:32 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Why don't you offer a shorter lease period? Six months, or maybe even three months? That way you're still protected, but they're not "stuck" somewhere for a full year.
2007-01-14 11:16:48 · answer #7 · answered by Meg M 5 · 0⤊ 0⤋
The old lease will be valid as a verbal and month to month.
2007-01-14 11:16:30 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Evict the tenant.
2007-01-14 11:26:14 · answer #9 · answered by Anonymous · 0⤊ 1⤋
they can leave at any time and may not be liable for any damage caused. Dangerous...
2007-01-14 11:12:55 · answer #10 · answered by Anonymous · 0⤊ 0⤋