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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Ralph F

said over 15 years ago

You can increase their rent, because their lease is expiring. I would sign a new lease with the increased rent amount though.

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Kelly D

said over 15 years ago

Thank you for your input, Brian.

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Denise S

said over 15 years ago

To End or Renew a Lease in New Jersey - if you have a Yearly or Fixed Term lease with a beginning and ending date unless the lease states otherwise, one full months notice is required. But if your lease specifies a longer or shorter term that that is what is used.

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Alexandra P

said over 15 years ago

I live in California and my tenants lease expires on 8/31/2009. It states on my lease that Tenant shall vacate the premises upon termination of the Agreement unless the lease has been extended in writing. Do I need to send a written notice or am I to assume that they are moving out? They won't return our calls because they want month to month. What should I do?

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Eric D

said over 13 years ago

Depends on how you write up the lease. If you are saying the rent is due on the first and rent is due on the first, than you may just prorate the August amount to $675.00 and state that in your lease or be nice and state that it's 650. Also, be careful what the security deposit laws are in your area, lowering the monthly rent may reduce the amount that you are allowed to hold and you may have to do an inspection of the property and return some of the deposit money.

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Bob R

said over 12 years ago

You may have shot yourself in the foot if your renewal statement “the lease will automatically renew for 6 months” is legal w/o a signature. I doubt it. Your Notice should have just stated the new terms and returned to you with signatures accepting the terms by a specific date. It should also state that if they do not return the Notice by the date mentioned, you will not be renewing their lease and that they are required to move at the end of the Agreement and that you will start adverting/showing the property to new renters. And - most leases if not renewed switch to a month-to-month. Check it out.

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Andrea H

said over 12 years ago

In the lease it states: "At the end of the Lease term, this Lease Agreement shall automatically continue for an additional term 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". Based on this clause, I sent a Lease Renewal notice 50 days prior to the lease end date - which they haven't returned. I don't want a month-to-month at the current terms. Is it too late to send another Lease Renewal Notice with new terms advising either pay the additional amount for a month-to-month, or sign a 6 month lease under the current terms, or vacate at the end of the May? Or should I just send a notice advising them that as of June 1st, their rent will increase by x amount?

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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.

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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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Ryan H

said over 11 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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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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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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Derrick D

said about 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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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.