Landlord Question and Answer Forum

My current agreement states that the lease will renew for another term unless either party gives 30 days notice before the expiration. I wrote up a new lease anyway to remove a roommate who moved out. This new agreement has not been signed and the lease expires/restarts in a few days. Can I change late fee policies before the new term starts if I didn't give 30 days notice (I just found out her employment situation has changed and since on time payment hasn't been much of a priority for her already, I want to add more "encouragement" for her to pay on time). Thanks.

You can update or change the lease as much as you want as long as the tenant signed it they are bound to the lease. I would however send a notice 30 days in advanced that the lease terms will be updated for the new leasing term.

Posted by David C, PA on Thursday, February 20, 2014

Can you update us on what you decided to do? I have a tenant who's lease is coming up for renewal and I'm trying to find the best way to do all the paperwork. I'm currently toying with the idea, of sending them a renewal notice inviting them to renew. Within that notice, I would list the renewal options: A) Renew for 12 months at X rate; B) Renew for 6 months at Y rate; C) Allow the current lease to roll into a month to month at Z rate; or D) Not renew. They can then select their option of renewal/non-renewal and that would be the end of it (of course noting that the existing lease terms would still be in effect and noting any changes). My other option would be to send them the before mentioned notice, having them select their renewal/non-renewal choice, and then sending them a brand new lease to sign based on their selection. Thoughts?

Posted by Charles R. N, TX on Thursday, March 6, 2014

The best time to make changes to the lease is at renewal time. It will not matter if the tenant signs the new terms or not as long as they renew the lease. The new lease terms will automatically take effect in this case. However, you must give them at lease 30 days notice to accept the new lease, and you must ensure that you have proof that they received the changes. Check with your state to be sure.

Posted by Gary S, TN on Monday, March 10, 2014

We ended up speaking with our tenant and she agreed to the changes and signed before the renew date. It was only a few days before the renewal, but because of her payment history, she agreed it was fair. Charles, it seems like you could do whichever is more convenient for you as long the option is specified when the tenant signs.

Posted by Linda A, AZ on Monday, March 10, 2014