An amendment or addendum added to the lease? : ezLandlordForms

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Patricia P

started a topic over 11 years ago

Can a landlord make any changes to the lease at any time? My situation has to do with my tenant paying late and sending me (the landlord) checks that end up with NSF. I have gotten another check that came back with NSF ~ the 2nd time now in a 3 month period. For this to stop,I want to send him and Addendum/amendment to the lease saying "starting January 1,2013...." But this would be giving my tenant less than 30 days notice...given this kind of situation...is this ok or do I have to give him 30 days or more notice? I'm just saying that starting January 1,2013 all rent payments must be made by certified check or money order. This is sad cuz my tentant that I have had for a year and 1/2 has been fine... until now :(

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Karen S

said over 11 years ago

Have you sent any late notices to them, documenting the late payment? It would be a good idea to do that, so that there is proof! I dont see why after two late payments you cant make that a term of the lease. It seems like a good idea.

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Patricia P

said over 11 years ago

yeah...I've sent late notices. But this time,I want to send the addendum/amendment along w/the late notice and this would be less than 30 days notice. I'm wondering if I can do that?

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Patricia P

said over 11 years ago

yeah...I've sent late notices. But this time,I want to send the addendum/amendment along w/the late notice and this would be less than 30 days notice. I'm wondering if I can do that?

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Patricia P

said over 11 years ago

Never mind...I just called the consumer protection...blah blah blah ~ where you can get landlord/tenant info and I was told that I cannot make any changes until his lease is up due to it being a "year-to-year" lease and not a "month-to-month" lease. : ( Well,I just have to hope he doesn't keep doing this~then I can evict him if I choose to. But my way of thinking is that if you have a nice tenant and he's having problems with paying the rent...changes should be able to be made so that evictions don't have to happen.

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Natalie D

said over 11 years ago

Do you have a clause such as this in your lease already? Most standard lease templates have that. I am sure you have checked your current lease agreement for this sort of clause already, but I just wanted to recommend that in case it has gone overlooked. www.lingschrealty.com

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Bob R

said over 11 years ago

Patricia, Patricia, Patricia…so what happens when YOU can’t make the mortgage, etc payment? Do you believe that the people you owe $$$ to will just wait until you can pay them? Yes, it’s nice to want to help your fellow man, but you can’t do it when you’re not in a position to do so. You’re in the Rental Business. Treat it like a business. If you don’t, there’s a good chance you will loss everything you’ve worked hard for. Sorry for the lecture (for lack of a better word), but you really need to grab the bull by the horn and rectify your situation……Suggestion – send a Notice to Pay or Quit. If not paid within the time limit, start eviction…..Make sure your contract has a late fee of 5-10% of the rent. If rent is not paid when due, send Notice to Pay or Quit immediately. Make sure your contract also makes tenant responsible for cost of sending Notice (I have an Agency do it for me. Approx $100) + an Admin fee ($25) for you….And, unless the tenant has been an excellent tenant for several years, there are no excuses. Ask yourself this question… “How many months can I continue not collecting rent before I’m in serious trouble?” -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.