 Lease Renewal (by Jenette [NY]) Oct 7, 2016 2:38 PM
 Lease Renewal (by Amy [MO]) Oct 7, 2016 3:42 PM
Lease Renewal (by Jenette [NY]) Oct 7, 2016 3:52 PM
Lease Renewal (by Amy [MO]) Oct 7, 2016 4:03 PM
Lease Renewal (by Mike45 [NV]) Oct 7, 2016 5:19 PM
Lease Renewal (by DIXIE [KS]) Oct 7, 2016 6:55 PM
Lease Renewal (by Ken [NY]) Oct 7, 2016 8:33 PM
Lease Renewal (by RB [MI]) Oct 8, 2016 1:30 AM
Lease Renewal (by cjl [NY]) Oct 8, 2016 4:52 AM
Lease Renewal (by Jenette [NY]) Posted on: Oct 7, 2016 2:38 PM
Message:
I have a tenant who is claiming that the terms of the lease do not carry over (even though there is a hold over clause in the lease) because a lease was offered to the tenant but never signed. Tenant wanted certain changes I was uncertain about and finally decided no. Is this true?
--50.138.xxx.xxx |
Lease Renewal (by Amy [MO]) Posted on: Oct 7, 2016 3:42 PM
Message:
So, the lease gives a hold over clause, but was never signed? If you want to enforce your lease the tenant has to agree and sign it. As usual, check your state laws. --107.77.xxx.xx |
Lease Renewal (by Jenette [NY]) Posted on: Oct 7, 2016 3:52 PM
Message:
To clarify: A one year lease ended, but the Landlord and Tenant did not agree on the terms of a renewal lease which was offered. The first, signed lease, has a hold over clause that states that the lease is now month to month, BUT all other terms of the lease still apply. Tenant is stating that her lawyer said its not true because a lease was offered. I think it's nonsense, but you folks know more than me. --50.138.xxx.xxx |
Lease Renewal (by Amy [MO]) Posted on: Oct 7, 2016 4:03 PM
Message:
I think you are right. I think it goes mo th to month. She is bound if she pays rent. If she doesn't she faces eviction and is bound by terms of original lease.
How many tenants really have an attorney? --107.77.xxx.xx |
Lease Renewal (by Mike45 [NV]) Posted on: Oct 7, 2016 5:19 PM
Message:
The terms of the signed lease remain in full force. The fact that you offered another lease, regardless of the terms it contains, is irrelevant because it was never signed and therefore was never consented to by both parties. The T is talking out of her bottomside when she tells you that her atty told her that the old lease is no longer effective. There was no atty, the tenant is just BS ing you. --71.2.xx.xxx |
Lease Renewal (by DIXIE [KS]) Posted on: Oct 7, 2016 6:55 PM
Message:
I think you should tell her that she needs to get a new attorney because this one apparently doesn't know the law. --184.52.x.xx |
Lease Renewal (by Ken [NY]) Posted on: Oct 7, 2016 8:33 PM
Message:
What Mike45 said is accurate,if she wants to play games like that it is time to raise her rent just to show her you can --24.25.xxx.xxx |
Lease Renewal (by RB [MI]) Posted on: Oct 8, 2016 1:30 AM
Message:
Most get real smart on the way out. --24.180.xxx.x |
Lease Renewal (by cjl [NY]) Posted on: Oct 8, 2016 4:52 AM
Message:
I agree with what Mike45 and Ken are stating. Also - as long as she is "paying" then this just points to it as well.
If she is NOT paying you - then you should be evicting her (3 Day Pay or Quit) ASAP. Don't even bother with the "new lease" - it doesn't matter.
Now, with that said - if the "new lease" has an increase in it and they are PAYING the new lease figure (without their "signature on it") then I would suggest that you speak with YOUR attorney Tuesday morning.
So what are your options and what do you want? If you want them to do or pay something that they are stating "I never signed the lease" then your one option is to just say "FINE - Then you need to leave".
If they don't want to leave (or won't leave) but you WANT THEM OUT - then just serve them a 30 day notice. Unfortunately though - you are in the month already so the "earliest" you can get them out is 11/30/2016. --70.184.xx.xx |
Reply:
|
|