Landlord Question and Answer Forum

I sent the Lease Renewal Form to my tenant stating that I'm offering a 6 month automatic lease renewal at the terms of the current lease. I asked for the notice to be returned to me by today - which I haven't received. The tenant states they will mail it "soon". They're delaying because they aren't sure how much longer they want to remain. The Lease Renewal Notice states of not received by today's date, the lease will automatically renew for 6 months. They have verbally acknowledged receipt of the Renewal Notice. The original lease was for 6 months. My question is, do I need to have the tenant sign a new 6 month lease or is the prior signed lease along with the Lease Renewal Notice sufficient?

You may have shot yourself in the foot if your renewal statement “the lease will automatically renew for 6 months” is legal w/o a signature. I doubt it. Your Notice should have just stated the new terms and returned to you with signatures accepting the terms by a specific date. It should also state that if they do not return the Notice by the date mentioned, you will not be renewing their lease and that they are required to move at the end of the Agreement and that you will start adverting/showing the property to new renters. And - most leases if not renewed switch to a month-to-month. Check it out.

Posted by Bob R, CA on Tuesday, May 1, 2012

In the lease it states: "At the end of the Lease term, this Lease Agreement shall automatically continue for an additional term until such time Landlord and/or Tenant provide a written notice of 30 days prior to the end of the Lease Agreement or Lease renewal period". Based on this clause, I sent a Lease Renewal notice 50 days prior to the lease end date - which they haven't returned. I don't want a month-to-month at the current terms. Is it too late to send another Lease Renewal Notice with new terms advising either pay the additional amount for a month-to-month, or sign a 6 month lease under the current terms, or vacate at the end of the May? Or should I just send a notice advising them that as of June 1st, their rent will increase by x amount?

Posted by Andrea H, MI on Tuesday, May 1, 2012

I'm not sure June 1st works since we're already into May. Check State/Local laws as to when you can increase the rent. Couple of things you need to think about. 1st, “this Lease Agreement shall automatically continue for an additional term” should have been written to say “addition 12 months”. ‘Additional Term” is not as clear. ---- 2nd, “until such time Landlord and/or Tenant provide a written notice of 30 days prior to the end of the Lease Agreement or Lease renewal period".” I’m confused as to whey you would state “I don't want a month-to-month at the current terms”. All you have to do is send them a “Change of Terms” Notice to increase the rent and other Terms such as Security Deposit if law allows. If you want them out, send them a Notice to Vacate. If you want to keep them. Send them a Change of Terms Notice specifying the new rent amount. Have them sign/date either accepting new terms or rejecting new terms within X days. Also state that if they do not notify you by USPS, they will have to move by the Lease expiration date and that you will placing the property on the market for rent. State that you or your agent may be showing the property after proper notification. You may be able to find some ot the Notices here. Check to make sure you can alter them to meet your needs.

Posted by Bob R, CA on Tuesday, May 1, 2012