Landlord Question and Answer Forum

Expiring Lease...sign new or move

My renter had a temporary lease with me and it is going to expire 9/1/2010. I want to give them the option of either signing a non-temorary lease of 1 year or move out. I have read a few things on evicting, I just want to know if I am ethical in sending this letter and only giving them 15days to decide. I know most other notices are for 10days....

You have to check the landlord laws in your state but you better check some notices when it comes to evctions or new leases it might be 30 days as in raising the rent also.

Posted by Donald G, MA on Monday, August 16, 2010

Usually the 10 day notices are if there are violations or failure to adhere to lease contracts by the tenant - even so, actual evictions usually are not carried out until at minimum 30 days. It's relatively simple to check whether you are required to hand any notice of renewal or lease termination at 30 days or more (some states require up to 90 days notice). If you're having trouble finding the info - quick way to 'cheat' is to check with a local apt community since they must have strict adherence to state laws in their contracts. You can ask if the state requires 30 days to tender any notice effecting tenant stay (if there have been no issues requiring a lease break).

Posted by Lynn S, GA on Tuesday, August 17, 2010

Whatever lease you gave the Tenant that expires 9/1/10, beoomes a month to month rental agreement after Sept 1. Landlords believe that if a tenant skps out on, say, a year long lease, the Landlord will be able to recoup the balance of the Leaee from the time the Tenant leaves to the Leasse expiration date minus any rent the Landlord gets from a new Teant during that Lease term. Frankly, the costs and time it wil take to chase after the defaulting Tenant to recoup the Lease balance is not worth the effort. because the defaulting Tenant will in many cases be able to evade the courts, summonses, etc. Have the tenant sign a monthly renewable rental agreement, not a lease, so you can get them out with 30 days notice without having to come up with all kinds of reasons to a court if the Tenant has a Lease agreement.

Posted by Steve F, NY on Sunday, August 22, 2010

Ok, I sent the letter with the option of "YES, I am renewing or No, I am moving out." He returns it just signed and no box checked. This is how he "keeps control." I have contacted him a few times since getting that letter back last week asking him to set up a time to come talk to me. No reply. So now it is the 31st and I left him a message saying to meet me tonight at 7:00pm to sign a new contract and I reminded him that rent is due tomorrow and that the amount has changed. (He has had three months notice to this change) My question is, if he does not contact me or show up tonight, what is my next step? background info: You need to understand that this house was his when I bought it and so he is still trying to control his "lifestyle" by cutting me out of the picture. He doesn't communicate with me, this month he decided not to pay rent until 2 weeks after it was due. I don't know how to approach his insubordinate actions.

Posted by Christina B, IN on Tuesday, August 31, 2010

It will not get better and it could get worse with this non responsive person, he does not honor your wishes, there are things you can do, how bad do you want him , in or out, you give a notice when he is late, you have to put your foot down , be nice and firm, he is walking all over you, get a landlord book in your state and check the laws, he has to follow a lease agreement If you want him out it takes 30 days at least All tenant laws are by state. tenant laws

Posted by Donald G, MA on Tuesday, August 31, 2010

You may, in addition to what Donald has said about obtaining a book of tenant law, want to contact an attorney for legal advice - an attorney would give you valid information quickly and may be able to directly outline legal steps for you to take so that you can make an informed decision as quickly as possible. An attorney would be able to outline what the court system may or may not do to help, and often times just seeking advice is free (you'd have to check though).

Posted by Lynn S, GA on Wednesday, September 01, 2010

Thanks everyone for your replies. He did show up last night, but he already told me he was going to be late on rent. I reminded him though that his new contract gives him a 3 strike allowance and then after that it is grounds for me to terminate his lease. I will just have to hope he pays on time and be firm when he does not. I hate learning lessons the hard way....but who doesn't?

Posted by Christina B, IN on Wednesday, September 01, 2010