Landlord Question and Answer Forum

A few months ago, I acquired a property and one of the tenants has been there for many years without a lease agreement in place. I did inform him that the rent would increase after the new year. I plan to have him sign a lease with a rent increase. How much notice do I need to give him?

WRITTEN LEASE - WITH END OF LEASE PROVISION: Instructions and/or terms in the lease itself that provides for how to end or terminate the lease shall be followed unless both parties agree otherwise.. WRITTEN LEASE - WITH NO END OF TERM PROVISION If there is no provision in a lease regarding what happens when the lease ends, the lease simply expires, and the tenant becomes a “holdover” tenant. At this point, unless the landlord agrees to continue the tenancy or a new lease is signed, the landlord can start eviction proceedings MONTH TO MONTH LEASES: If the lease is a month-to-month tenancy, either party may end the lease with at least a month’s advance written notice to the other party unless the landlord otherwise agrees. Sometimes landlords will permit a termination date other than the last day of the tenancy if enough notice is provided. Notice should be in writing and handed to the landlord or sent certified mail. RENT INCREASES Landlords may increase a tenant’s rent only after proper notice. The landlord may not increase the rent during the lease term unless the tenant agrees. IMPORTANT While the law does not mandate formal legal service, it does require ensuring that the tenant actually receives the notice. Therefore, landlords should hand the notice to the tenant personally or send it certified mail.

Posted by Bea S, SD on Monday, December 12, 2016

I found that on the increase form I'm using

Posted by Bea S, SD on Monday, December 12, 2016