Landlord Question and Answer Forum

My tenant has been with me for 3 years. This year he refuses to sign a 1 year lease as he has in the past. What are my options. I prefer my tenants be on a one year lease. Thanks, Kent

Estates at will may be determined by either party by three months’ notice in writing for that purpose given to the other party; and, if the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer. Such written notice may include an offer to establish a new tenancy for the same premises on terms different from that of the tenancy being terminated and the validity of such written notice shall not be affected by the inclusion of such offer. Therefore, if your tenant does not want to sign a one year lease, you can give him notice to vacate according to either the lease or as specified above.

Posted by Donna , NC on Tuesday, November 29, 2011

If you prefer 1 year leases then you can have it stated in your lease that the lease renews as a new 1 year term at the end of its cycle unless either party gives the predetermined notice before its ending date.This way you have a new 1 year lease and all you have to do is send the tenant the notice of rent increase letter as you see fit. I let my leases convert to month to month so if the tenant gets screwy I can change the terms of the lease on a monthly basis and add new terms, new rules/restrictions, increase rents....basically force them to move. Generally if i have a tenant that doesn't want to be in my property then I don't want them in there either. I have paid tenants to leave when they were late on their rent so often it became intolerable. I knew they wouldn't pay and court is a hassle and you can get judgements all day but if they have no money then you will never get any from them. Help them move, rent the van for them, stipulate they need to clean up the property, tell them you will keep half the deposit [use the other half to rent the van ;) ]. This saves you a lot of trouble!

Posted by Tim J, VA on Sunday, January 8, 2012