Landlord Question and Answer Forum

I have 3 tenants with no leases. They had leases when they initially rented. The leases do not have automatic renewals I sent them new leases and they just don't sign them and do not send them back. They pay the increase in rent but no leases. I have mentioned it to them and nothing. I raised the rent again on one in the interim cycle and advised him had he signed the lease I would not have been able to increase the rent. Are these tenants considered month to month?

Ryan - ABOVE ALL, SPEAK WITH AN ATTORNEY I AM NOT AN ATTORNEY - That depends on what the lease they did sign says. Also, even if the lease says something, your actions may 'redefine' the contract for many court magistrates. So for example, if your lease says that without signing a new agreement they are in 'hold-over' (in which case many leases increase the rent substantially during hold-over), but you don't enforce this, a judge may feel that your lack of action suggested that the tenants lease obligations changed. Most leases continue M2M automatically unless notice is given. Unless your original lease defines how this works, most states have a default required notice period. For example, in Colorado if there is no contract spelling out the M2M arrangement, tenants/landslords can give 10 days notice. I would suggest that you send out a letter to one tenant at a time indicating that effective 30 days out (on the 1st of a month) their rent will increase by something substantial ($200?) unless they sign/return the included lease contract. If they refuse to cooperate, you have two choices, 1) accept their refusal to cooperate and let them stay M2M, 2) increase the rent as you indicated, and if they don't pay then you play hard-ball and charge fees/evict.

Posted by Alex Y, CO on Wednesday, December 3, 2014