I am a landlord. I have a signed lease agreement and now do not want tenant renting. What is required on my part?

Asked by R&R Property, Los Angeles, CA Thu Jun 20, 2013

Tenant rented 9 mos (Sep-Jun) now is out due to the condo rents weekly for summer. Due to her employment status (not working), the way she left condo (bad), and late rent payments (which I knew about prior to signing lease), how do I let her know I do not want her back? I emailed her already. New lease does not start until Sept 2013. Thanks!

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Ingrid Ski Realtor’s answer
Ingrid Ski R…, Agent, Mission Viejo, CA
Thu Jun 20, 2013
Do you already have a signed lease with the tenant and did you already send the tenant a signed lease from you? Need some more information
Each are answered differently.. If the tenant signed it and you did not give her a copy of the signed lease where you signed and agreed to lease/rent the property to her then you do not have a valid lease contract.. If you did send the tenant a copy of a signed lease from you, then you have a valid lease contract..
You should talk to an attorney since it is several months out until september... They can advise you on what you can do... You can call the fair housing council and see what the recommend to you at 714-569-0823
Did you have a realtor representing you in the lease? You may be able to talk with their broker?

Good luck,

Ingrid Ski Realtor
949-874-0432
OCAreaHomes@gmail.com
0 votes
Lori Hanson, Agent, Aliso Viejo, CA
Thu Jun 20, 2013
It sounds like all you need to do is give her a 30 notice to vacate, but I am not sure I am totally following what you are saying. However if she already signed the new contract you are pretty well locked in. Best beat is to talk to a lawyer to see where you stand. We manage 55 units through out Orange County and if we have a problem we use Steven Silverstein in Orange. All he does is evictions and he is really good at his job. I think he will work in LA county.


http://www.stevendsilverstein.com/
0 votes
Louri Groves…, Agent, Fountain Valley, CA
Thu Jun 20, 2013
Hi R&R Property,

Is this under rent control? Also it may depend if she has been a tenant for under a year or not.

Members of Apartment Owners Association (http://www.aoausa.com/contact_aoa.html) can get answers to various questions regarding landlord/tenant issues all the time for no additional charge. I have called them seeking their advice from time to time myself.

The cost of membership is $79 per year which includes consultation and advice. If they are unable to answer a question, they may refer you to an attorney who may answer your question for free.

Information on two of their offices is listed below. Also I do not have any affiliation (with the exception of being a general member for the last 10 years). Please note that I will not receive any benefits from this referral. They are actually a great organization.

I called and asked your question but they need more specifics. I hope this has been helpful!

Orange County
Mon - Thu from 10 AM - 4 PM
(714) 539-6000 Phone
(714) 539-1694 Fax
11752 Garden Grove Blvd., #110
Garden Grove, CA 92843

Los Angeles
Mon - Thu from 10 AM - 4 PM
(323) 937-8811 Phone
(323) 937-8897 Fax
5455 Wilshire Blvd., #1009
Los Angeles, CA 90036

Louri Groves
Prudential CA Realty/Berkshire Hathaway Home Services
714.767.8158
0 votes
Also has she moved out?
Flag Thu Jun 20, 2013
Is there a signed lease and executed lease for a tenancy from September 2013 to June 2014? Or are you still in negotiations?
Flag Thu Jun 20, 2013
Thank you. No rent control, and her previous rent period was Sept 2012 to June 2013.
Flag Thu Jun 20, 2013
, ,
Thu Jun 20, 2013
Have you heard back from her? She may solve this easily for you. If that's not the case I would recommend getting the advice from a property management company (if they will give you free advice) or consult a real estate attorney. I'm a landlord as well and would be happy to recommend an attorney if you would like.
0 votes
Matthew Orze…, Agent, Menifee, CA
Thu Jun 20, 2013
Not sure that i completely understand your question. This lease starts in September? She just vacated the same premises? Maybe you can call me at 888-830-0745 and i can be of further assistance. Matt O
0 votes
she rented from Sep-June knowing she had to move out for the summer. we have a lease that starts back up in September.
Flag Thu Jun 20, 2013
Ron Thomas, Agent, Fresno, CA
Thu Jun 20, 2013
Two sides to it:
You knew, going in, what was involved in being a landlord.
There is no such thing as a perfect Tenant, never will be.

You should give her an incentive to move; and I don't mean a negative incentive.
Think about it.
0 votes
I actually do have a few 'perfect' tenants. Makes me appreciate them more and more each time I have to deal with the 'other ones'.
Flag Thu Jun 20, 2013
she is out now for the summer (I rent weekly in summer). her new lease starts 9/1/13, but I do not want her back.
Flag Thu Jun 20, 2013
John Souerbry, Agent, Fairfield, CA
Thu Jun 20, 2013
If you have a lease in place, you're probably stuck with this tenant.
What you can do, however, is document all the problems you've had along the way. Every time the tenant damages the property, pays rent late, or in any other way violates the terms of the lease, send her an official notice. Once you build up a big stack of notices, talk to your attorney about cancelling the lease for cause.
0 votes
the new lease does not start until 9/1/13. can i cancel lease before it even starts?
Flag Thu Jun 20, 2013
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