I called two landlord associations. It really depends on your original lease agreement. Some lease agreements (applies only to non rent control areas) allow the landlord to send a 30 day notice to vacate, 60 days before the lease ends (applies to tenants living in the unit under 1 year; 60 days notice for tenants living in unit more than a year). This option may not be available to you if the lease ends in the next 59 days or under or if it does not stipulate specifically in your lease agreement.
Also the tricky part of this situation is that you sent a NEW lease agreement.
I'm not sure the other option of letting the original lease automatically go into a month to month, as I have mentioned previously, and then giving the tenant a 60 day notice to vacate would work.
The tenant may use the new lease agreement (reduced rent w/ a 12 month commitment) to claim that there was a "meeting of the minds" and a new agreement was made by both parties.
Did she verbally counter or is it in writing with an expiration date?
I suggest consulting with an attorney to see how you can strategize, since your bottom line is to get a new tenant efficiently and cost effectively. The landlord association was not able to address the question.
Maybe the tenant is looking to leave since she stop payment of her rent check. Also I would highly suggest starting the eviction process. She may have given you a way out. If I get more info I'll post here.
Hope this helps and best to you. Please keep us posted!
Prudential California Realty
Richard Brody Licensed Salesperson email@example.com
What does your original lease say? that after the term is up that it becomes month-to-month? Then you either party can give notice to the other. If you are tired of her, then give her notice according to the original contract and move onto another tenant. You have tried and are not held captive to this person.
Of course, those are just suggestions. For legal advices, you should consult your legal counsel.
Connecting people to homes
Is this the same tenant that you had issues with the roof/balcony and the HOA not making the repairs quite fast enough? I hope that was resolved to your satisfaction! (And thanks for the "Best Answer" BTW!)
If nothing new is signed, the current rental contract should automatically revert to a month to month with the same terms including rent. Let's say no one signs anything new... now if you decide in August that you do not want to continue dealing with this tenant you may give them a 60 day notice.
Did she sign the new lease with the reduced rent and 12 month commitment? Did you sign the agreement and sent to her for signature? I would suggest seeking an attorney's opinion or services on how to proceed in that situation.
In my experience, happy tenants tend to take care of the home much better than tenants who feel that they shorted. I'm inclined to agree with John A. Great tenants are such a blessing and terrible tenants tend to raise my blood pressure and stress me out!
I myself would look for new tenants ONLY if I can answer yes to the following questions:
1.) Has tenant been late on rent, hard to deal with, and not maintained the home to my satisfaction?
(maintain the home: calling me ASAP to make repairs such as leaks before the condition deteriorates)
2.) Is the local rental market doing well enough to get another tenant quicky or can I absorb a vacancy?
3.) Do I have the time and resources to go through the process of getting a new tenant?
Hope this has been helpful. If you need a Move-in/Move-Out form, a short list of attorneys, or if I can be of assistance, please feel free to contact me. Best to you!
Prudential California Realty
Was their an expiration in your new lease offer, for which she needed to respond by?
I strongly urge you to do a Renewal Lease Walk Through & take LOTS of pictures about current condition & do address anything that may need repairs. Obviously she's already living there, but I have a great checklist you can use, it is called a "Move In / Move Out" form, but I think you'll like it to protect your interests.
You could also put her on a month to month for the 1st 3 mos of this new lease to see how it goes, if she's becoming flaky on rent at all, then you can kick her out & get a new tenant.
Email me directly if you'd like the above mentioned form, I won't check back on this same Trulia thread for new answers.
Realtor Since 1996
Main Street Realtors
The best things to do is to call the Fair Housing Council in Orange County for advice which they give out for free. They get calls from tenants and landlords looking for help. You don't want to do something that the tenant can come back after you.. Call tomorrow 714-569-0823 or you can go to their website at: http://www.DCA.ca.gov Let me know how else I can help you out. Ingrid Ski Realtor Talk to you soon.