Lease renewal : ezLandlordForms

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Kelly D

started a topic over 15 years ago

My tenants lease will be up in approximately 45 days. They would now like to rent month to month rather then renew another 12 month lease. They have been renting the property for one year. Do I have the right to increase the rent since the lease will now be on a month to month basis? This property is in the state of AZ.

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Matthew M

said about 4 years ago

legally no. But it is a good practice to have.

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Scott H

said over 4 years ago

If the lease they signed has the auto renew in it they received written notice when they originally sighed the lease. So they are on for another full term as described in the lease. I usually do a new lease every other year. In the nest lease add in a auto rent increase $25/$50 if you don;t keep the amount current with market rate you can fall behind and it can get tough to get it back up. It's easier to increase it $25 a month every year then to wait 5 years and increase it $125.

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Mil M

said over 4 years ago

No. Not changing the terms just renewing for another full term.

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Marisol B

said almost 5 years ago

Is there a specific lease renewal form to use?

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Matthew M

said about 5 years ago

Confused. Do you and/or the tenant want to change the terms of the lease after it was signed?

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Mil M

said about 5 years ago

Hello! After a signed Lease Renewal saying (If you agree to continue the lease, all term and condition of your lease will remain in full force and effect.) Do I have to draw a new lease? Iustina A.

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Matthew M

said about 5 years ago

As long as both the tenant and landlord are in agreement, you can change anything in the lease. For this, issue a new lease with the appropriate wording.

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Scott H

said about 6 years ago

What kind of business? Do people come to the house? Are they properly insured? Hate to be named in a lawsuit if someone sues them for anything. Besides that as long as your ok with the business do up a new lease. I like to have my tenants under at least a year long lease. Good time to raise the rent a little, no more then 5% at a time. I usually say it will be $50 a monthincrease for one year lease, $25 dollar if they sign a two year.

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Stan M

said over 7 years ago

I believe that if you didn't get a signed agreement from tenant to extend the lease the lease terminates on the termination date with no consequences to tenant unless tenant occupies property beyond the termination date.......Security Deposit - you probably could deduct rent for the days that tenant remains on property beyond termination date......On another note - if your lease states that tenant determines (not owner) if tenant can renew the lease, I would look for another lease (unless law dictate otherwise). Near the lease termination date, landlord should remind tenant that their lease is about to expire. At this time landlord should either give tenant the option to renew the long term lease, offer a month-to-month, or tell them that you are not renewing their lease (and why if law requires) and they will have to vacate the property on the termination date. If tenant(s) decides to renew the lease have them sign/date an agreement showing the date for the new lease terms. This should protect you if tenant decides to change their mind at the last minute.

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Derrick D

said over 8 years ago

No you can simply use a renewal agreement as long as it states it is a renewal and extension of the original lease. Always have a copy of the original lease and make sure your tenants do as well.

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Ross A

said over 10 years ago

I always send a notice of upcoming Lease renewal (with the new rent increase if applicable) followed by a new lease reflecting the new amount. I also ask the tenant to pay the difference of rent increase to bring the last month and deposit amounts up to date. In other words, if the rent has increased by $10/mo, I ask the tenant to pay additional (one time) of $20 to bring up the last month and deposit payments to the new rent amount.

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Patty H

said over 10 years ago

Yes this will work. As long as a tenant signs the lease renewal this shows that they acknowledge and understand that the lease is to be automatically renewed or can be renewed.

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Ryan H

said almost 12 years ago

A landlord should make necessary repairs and perform maintenance tasks in a timely manner, or include a provision in the lease stating that tenants can order repairs and deduct the cost from rent. As far as renewing your lease is concerned, you should consult a good property management firm for the same. I would suggest Tropicana Realty, they helped me a lot in my rental stay in Killeen.

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Dawn A

said almost 12 years ago

http://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter11-1.html

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Bob R

said over 12 years ago

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.