 too little notice (by Annie [CA]) Apr 6, 2016 12:02 PM
 too little notice (by Moshe [CA]) Apr 6, 2016 12:21 PM
too little notice (by cjl [NY]) Apr 6, 2016 12:27 PM
too little notice (by Annie [CA]) Apr 6, 2016 12:34 PM
too little notice (by Coplin [CA]) Apr 6, 2016 1:12 PM
too little notice (by Vee [OH]) Apr 6, 2016 6:44 PM
too little notice (by NE [PA]) Apr 6, 2016 6:49 PM
too little notice (by CDM [CA]) Apr 6, 2016 8:24 PM
too little notice (by myob [GA]) Apr 7, 2016 4:24 AM
too little notice (by Annie [CA]) Posted on: Apr 6, 2016 12:02 PM
Message:
My current tenants signed a one year lease that rolled into a month to month last year. The lease specifies that rent increases $75 the first year of the month to month and $100 the second year. It also specifies that either party needs to give 60 days notice to vacate. After the first year I reminded them rent was increasing $75 and they negotiated with me even though it had been prearranged. The second year I told them I was raising the rent $125 (instead of $100) and they said ok. Then two weeks later they contacted me and said they were moving out, only one months notice, and that they didn't need to give me 60-days notice since I voided the lease by raising rent $125. Any suggestions on what to do? They have been really bad tenants, the place is a mess and damaged. --216.253.xxx.x |
too little notice (by Moshe [CA]) Posted on: Apr 6, 2016 12:21 PM
Message:
Alas, Annie, you are suffering from another homemade lease.
Your fixed-term lease rolled over into a month to month lease, so thats what you now have: a month to month lease.
The rules for a month to month lease are that the lease itself may be terminated upon 30 days notice. Yes, i am aware that a tenant in CA is entitled to 60 days notice before they can be put out if they have lived there for a year or more, but the landlord doesn't get such an entitlement.
This is another example of the problems with writing a lease yourself. If you are not competent to do that, the you need help from a competent attorney.
--71.118.xx.xx |
too little notice (by cjl [NY]) Posted on: Apr 6, 2016 12:27 PM
Message:
When you say they said "OK" - did you get that in writing or was this just a verbal?
Also - it looks as though Moshe is giving you a lesson on "lease" vs "month to month".
However - if they are bad tenants, messy and damaged your property - why would you even want them there? --69.201.xx.xxx |
too little notice (by Annie [CA]) Posted on: Apr 6, 2016 12:34 PM
Message:
Their "ok" was in writing. My question was whether the 60 day notice I required on the original lease holds on the month to month. I specified in the lease that it did. Are they correct to tell me the lease is void? I do want them out, but I want them to pay me two months rent instead of one, since they didn't give me ample notice of moving out. --216.253.xxx.x |
too little notice (by Coplin [CA]) Posted on: Apr 6, 2016 1:12 PM
Message:
Unless they agreed, in writing, that the lease termination date was extended for another year, with a definite ending date, Moshe right. You have a MTM agreement, so they are not bound to 60 day notice, just 30 days. Though if your now MTM rental agreement specifies notice in writing, you might have some point to argue. --104.34.xxx.xxx |
too little notice (by Vee [OH]) Posted on: Apr 6, 2016 6:44 PM
Message:
While you are nitpicking the laws get the damages estimated so you can send the accounting statement and possibly some refund, if you fool around and miss that the expenses will be climbing in big money sizes. --76.188.xxx.xxx |
too little notice (by NE [PA]) Posted on: Apr 6, 2016 6:49 PM
Message:
Why are you killing them on rent raises? If they're paying, leave them alone for a while. Especially if they're good. I think the lease and you're handling of this is a complete mess. Get a new lease before renting the place out again. I'd probably move out too. --50.107.xxx.xxx |
too little notice (by CDM [CA]) Posted on: Apr 6, 2016 8:24 PM
Message:
The way I read the CA law, they only owe you 30 days notice, and they can give it to you at any time of the month, as long as moveout is 30 days after notice is given. If they are bad tenants, let them go without a fuss. Just charge for the cleanup and the damages and look for better tenants.
Next time, use a lease from the California Apartment Association. Those are updated for the latest new laws and regulations every year. Whenever I have turnover, I join the CAA for that year so I can get the latest lease. (They also have forms for month-to-month rental agreements and many other LLing situations.) --24.130.xx.xx |
too little notice (by myob [GA]) Posted on: Apr 7, 2016 4:24 AM
Message:
Doesn't matter what state your in you can't put things in the lease contrary to your state laws. We'll as you are finding out you can put it in there but it's unenforceable and you'll look like a fool going to court with it. You not only have to know your judges-- know the LL tenant law--- and better than your tenants so you can't be pushed around. --74.184.xxx.xx |
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