Landlord Question and Answer Forum

I have a tenant refusing to sign a new lease agreement. I purchased my duplex two years ago and have honored the lease they signed with the previous owner. I recently drew up a new lease and gave it to the tenants to sign. They have questions regarding some of the terms in the lease and they are refusing to sign until I answer all of their questions. They also state that I have to give them a 30 day notice regarding any lease changes. The lease does not include a rent increase or any decrease in services. I am in Oregon and I don't believe that I have to tell them 30 days in advance that I'm drawing up a new lease and I don't believe that I am obligated to address some of their ridiculous questions. An answer regarding the 30 day advance notice of a new rental policy is what I need most to know. Thank you, Belinda

If they will not accept the new lease then evict them for not complying. It may sound harsh but the lease is there to protect you and your property and if they are not willing to do so that is grounds for eviction. As for the 30 Notice if they are on a month to month it would be fair to give them the 30days notice that you are drawing up a new lease and if they do not want to sign then they will be removed so that you can get new tenants.

Posted by Richard W, PA on Sunday, February 2, 2014

I have the same issue with my tenants in Henderson, Nevada- in a Del Webb 55+ active retirement community. We have had the same tenants for 3 years- at their request after the first year, they have a month-to month lease valid for a 1-year period. I need to increase the rent to $950/month from $900/month-which is below-market-value in the area for the same model SFR. I have sent legal "Increase in Rent", "Lease Renewal"packet, 3 notices for Lease Renewal sign & return, a Warning #1 & #2- You Have No Lease Renewal, "You Are In Jeopardy of Non-Renewal Of Lease for 2014-2015". Tenant has cell phone blocked with voicemail full, she does not answer & sign for Certified Mail delivery, and does not answer to my emails. I have emailed tenants to contact me for any concerns, questions they have- no communication from them. Their lease expired on 3/31/2014- I sent legal notices that rent increase would start on 6/1/2014; April and May rents remained the same. Basically, tenants are reacting to CHANGES- they want all to remain the same from the initial rental agreements. On a Month-to Month Lease agreement, check with the state-specific requirements here at EZ Landlords, on periodic rentals (as are both of our tenants), the time limits are generally shorter- less than customary 30-day notices. I found out through EZ Landlords, that in Nevada, if at least 1 tenant is 60+ years old, then, I must give an additional 30-day period for them to leave ( in my case 60 days to vacate my property). At least, your tenants are communicating with you-my tenants are not communicating with me by any means. I am starting today actions to remove them- because I believe they have money problems and are avoiding all creditors.

Posted by Juan R, CA on Friday, May 16, 2014