I have a tenant that the lease is up and the end of the month. 2 months ago we were told that they had surgery and was not interested in mowing the lawn which was part of the lease agreement. At the begining of the month we contacted them with the new lease amount and told them that we would be sending a new lease in the mail. Yesterday we received a call from them that they had a plumbing issue. When my husband arrived they proceeded to take him around the house telling him that little things that needed to be repaired. No screen in window, toliet does not flush unless you hold handle, door sticks etc. They were very nasty and made my husband feel uncomfortable. He fixed the plumbing issue and told them that he was going away for the weekend and that we would contact them next week. They said that they were not comfortable there because the neighbor has had a disagreement with us and they feel like they are in the middle and that they do a lot around the house and do not agree to the new lease amount. Since then my husband and I talked and decided that they never return our calls unless they need something and are always disrespectful everytime we see them and we are not interested in renewing their lease. Can I send them a letter at this time telling them that we are not renewing the lease and we are giving them 60 days to move out or do I have to renew the lease since I sent them one already.
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Lease
- Thread Starter thepit222
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army judge
Super Moderator
When you sent the renewal offer, what did your indicate?
Did you give them a certain amount of time in which to respond?
What does the current lease say about renewal of the lease?
Until they sign a new lease, the old lease governs.
I suspect the old lease required them to do nothing when the current lease expired, except to move out, right?
If they don't renew the old lease, I suspect they become month to month tenants.
As month to month tenants, the current lease probably restricts the rent from being raised unless a certain notice is given.
What is that notice? 60 days, I'm guessing.
Thus, if they fail to respond to your NEW lease offer, there rent can't be raised until you've given them notice, which may be 30 or 60 days (usually).
Why not just ask them what their intentions are regarding the end of their lease?
Did you give them a certain amount of time in which to respond?
What does the current lease say about renewal of the lease?
Until they sign a new lease, the old lease governs.
I suspect the old lease required them to do nothing when the current lease expired, except to move out, right?
If they don't renew the old lease, I suspect they become month to month tenants.
As month to month tenants, the current lease probably restricts the rent from being raised unless a certain notice is given.
What is that notice? 60 days, I'm guessing.
Thus, if they fail to respond to your NEW lease offer, there rent can't be raised until you've given them notice, which may be 30 or 60 days (usually).
Why not just ask them what their intentions are regarding the end of their lease?
The lease states it shall automatically be extended and renewed for one year at a 5% increase unless the party is notified within 30 days before the lease expiration, a notice that the lease will not be extended or renewed at all, or will be renewed with certain changes. If tenant staus on without a lease renewal, Landlord may repossess the apartment. We did not give them a certain amount of time to response.
We send a new lease increasing the rent $ 25 ( the discount that was given for mowing the lawn and an additional $25 for the new lease period instead of the 5% as indicatedin the lease.
It seems that they want to stay there but don't want us to raise the rent because they feel that they do things around the house. We told them they we would discuss it with them next week.
We send a new lease increasing the rent $ 25 ( the discount that was given for mowing the lawn and an additional $25 for the new lease period instead of the 5% as indicatedin the lease.
It seems that they want to stay there but don't want us to raise the rent because they feel that they do things around the house. We told them they we would discuss it with them next week.
army judge
Super Moderator
The current lease controls.
Your new offer is meaningless, unless they stupidly sign it.
They know that you can ONLY increase their rent by 5% under the terms of the current lease.
The "fish" did not take the bait thrown at them under the "new lease offer".
As it is now less that 30 days, the old lease (current lease) has been renewed at a 5% increase.
The other terms remain as they were.
This decision is no longer in YOUR hands.
I rarely see tenants as savvy as yours.
I wish I could have a few that smart!
They may not be the best tenants, but they are clearly not the dumbest.
Your new offer is meaningless, unless they stupidly sign it.
They know that you can ONLY increase their rent by 5% under the terms of the current lease.
The "fish" did not take the bait thrown at them under the "new lease offer".
As it is now less that 30 days, the old lease (current lease) has been renewed at a 5% increase.
The other terms remain as they were.
This decision is no longer in YOUR hands.
I rarely see tenants as savvy as yours.
I wish I could have a few that smart!
They may not be the best tenants, but they are clearly not the dumbest.
mightymoose
Moderator
They are month to month... you can still give them the 60 day notice if you want them to move out.
army judge
Super Moderator
Not in this case, Moose.
Their lease had a provision that if notice wasn't given 30 days before the term's expiration, the lease would renew for another year with only a 5% increase!
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