Landlord Question and Answer Forum

Lease is about to expire and we put in the lease there would be no renewal of lease. We are thinking about allowing tenants to do a month to month with a higher rent rate. We are planning on withholding monies from their current deposit for repairs also. Do we need to collect a new deposit? Are we still held to the 15 day notification of funds withheld from security deposit if we decide to renew on a month to month? Do we need to write up another lease? Can we require 30 days notice on a month to month lease? Do we need to give them written notification of non-renewal of existing lease? Does state law require them to also give written notification of 60 days on current lease? When can the new lease be signed to guarantee they are not going to up and walk out? If they do not give us notice at the 60 day required notice period what are the financial implications to them for not vacating by end of lease terms? Can we require them to put first and last months rent down on a month to month lease? Thank you for your assistance.

If the tenant is staying there would be no new deposit, you would hold the original until that tenant moves out. While send the a month to month lease renewal you can state the increase in rent and do an inspection of the property to make the appropriate repairs. You can sign a new lease as soon as possible but if it is not signed there must be a full 30 days to allow them to move out.

Posted by Susan P, CA on Wednesday, January 7, 2015

thank you.

Posted by Edgar & De Shane C, GA on Wednesday, January 7, 2015