lease : ezLandlordForms

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Rahara R

started a topic almost 16 years ago

My lease ended on november 1st! My landlord gave me my info packet to renew my lease on February 4th! First he told me to put November 1st on all my paper work! He stated he has been to busy to give it to me before then! He also said that on November 1st 2008 my rent was suppose to increase and that i should have got a memo in March 2008 stating that rent was going up! In the memo it stated that any current resident who COMPLETES A RECERTIFICATION as well as new tennants will have the rent increase. If i have not completed a recertification how would this apply to me. It's not my fault that he has been to busy to give it to me. And why would I put November 1st on the new paper work when he gave it to me on February 4th! How is this legal! How would I owe back rent if the memo stated that IT WOULD BE APPLICABLE TO ANY CURRENT RESIDENT WHO COMPLETES A RECERT. Please help me! Thank you!

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Denise S

said almost 16 years ago

I think I would contact your local legal aid or perhaps a housing agency and ask them.

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Donna

said about 15 years ago

Unless your tenant signed anything that attaches him to the obligation - there is not much you can do. I always take a deposit and clearly state that if tenant fails to move-in and sign lease, the deposit will be forfeited.

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Patti H

said about 15 years ago

they signed a lease but never exchanged money but called and advised me that they had a job transfer once house is occupied or rented i am not able to collect money that is owed correct/

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Denise S

said about 15 years ago

If they signed the lease, depending on what the lease says, your tenant may be responsible until you re-rent the property. BUT beware, if this is permitted in Florida and you go this way, you have the obligation to mitigate damages, which mean to do everything within your power to re-rent the property ASAP.

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Patti H

said about 15 years ago

What does obligation to mitigate damages mean?

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Doug K

said about 15 years ago

Take action to avoid or reduce damages. So rent it as soon as you can without delay. However that does not mean just putting anyone in there either. The new tenant should meet the same requirments the people met who signed the contract. When you find the next person who you will have sign a lease, count on them backing out and keep looking until they have paid you the deposit at the least.

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Donna

said about 13 years ago

I am assuming that it was error that made the dates that way. This type of situation would be left to a judge. To be on the safe side, I would provide tenant with a new lease and have them sign it to replace the old one. If they refuse or you are in the middle of any legal battle with them, I would think a judge may see it was in error. BUT some judges are completely BY THE BOOK, so keep that in mind. If you at least show that you tried to fix the error by sending the tenant notice and having them sign a new lease. OR one other thing you can try is to create a Lease Amendment....(which is a lease change) EXAMPLE- "Amended this day of ______________________ 2011, the beginning date of the lease is XXXX and the lease end date is XXXX. All other terms and conditions of the Lease Agreement will remain in effect."

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Donna

said about 13 years ago

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.

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Tim J

said almost 13 years ago

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!

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Clark F

said almost 13 years ago

If you gave your tenant the notices, and waited out the proper amount of days it is time to start the eviction process. You must now seek relief in court. You should go to the Small Claims court for the jurisdiction where the property sits. The court clerk will tell you if you are in the right court. Then tell the clerk that you want to file an eviction case, and the clerk will give you the proper forms to fill out. There will be a filing fee. The court clerk will set a Court Date for the eviction case, and will have the local Sheriff deliver what is called a "Writ of Forcible Detainer to the tenant. This Writ will tell the tenant that they are being sued for eviction, and when and where the court date will be.

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Website M

said almost 13 years ago

Forcible Detainer - - - http://www.ezlandlordforms.com/documents/4370/kentucky_official_forcible_detainer_complaint/

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Jessica B

said over 12 years ago

Hi Karen, Yes you may email the lease... however, for it to be signed it must be printed out.

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Karin S

said over 12 years ago

So I can send a lease from another start? The lease says on the bottom Iowa/Nebraska I dont have to give them a lease that says Arizona?

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Bob R

said over 12 years ago

Caution. States have different rental laws. Having the State name at the bottom most likely not important. What is important is that the lease conforms to state/local laws. You may also consider that the signature on the lease is notarized, given you’re out of state and can’t verify who’s actually signing it.