lease conflict (by JoeNewby [RI]) May 21, 2017 8:54 AM
lease conflict (by Nicole [PA]) May 21, 2017 9:08 AM
lease conflict (by Julie [KS]) May 21, 2017 9:43 AM
lease conflict (by Deanna [TX]) May 21, 2017 9:53 AM
lease conflict (by JoeNewby [RI]) May 21, 2017 10:50 AM
lease conflict (by WMH [NC]) May 21, 2017 11:48 AM
lease conflict (by Moshe [CA]) May 21, 2017 12:08 PM
lease conflict (by Deanna [TX]) May 21, 2017 12:54 PM
lease conflict (by Vee [OH]) May 21, 2017 4:55 PM
lease conflict (by Pattyk [MO]) May 21, 2017 8:46 PM
lease conflict (by JoeNewby [RI]) Posted on: May 21, 2017 8:54 AM Message:
Because parts of our previous one year lease were deemed by an attorney as "much too vague in today's landlord/tenant setting", we have recently been confronted by one of our tenants who - now that his yearly renewal date is coming up - is refusing to sign the above much more detailed lease....
Moreover, he claims he has "a legal right to a 30 day lease-at-will which "would maintain the same LESS RIGID terms as are on the original one year lease."
As a relative newbie, I would greatly appreciate any response you might have on this matter.
Joe
--173.48.xxx.xx |
lease conflict (by Nicole [PA]) Posted on: May 21, 2017 9:08 AM Message:
I know nothing about Rhode Island but generally I'd say he signs your lease or he goes. What makes him think this is a negotiation? (that was rhetorical) --72.95.xx.xx |
lease conflict (by Julie [KS]) Posted on: May 21, 2017 9:43 AM Message:
Exactly.......this isn't a negotiation.
Either renew with the new lease or you're welcome to find alternate accommodations.
--104.128.xx.xx |
lease conflict (by Deanna [TX]) Posted on: May 21, 2017 9:53 AM Message:
A landlord can terminate without reason at the end of a lease; your local laws will tell you how much notice to give. So depending on where all this falls in your calendar, he may not have a whole lot of month-to-month ahead of him under your roof. --96.46.xxx.xx |
lease conflict (by JoeNewby [RI]) Posted on: May 21, 2017 10:50 AM Message:
Many thank yous.
HOWEVER, a remaining concern I have is:
Since this tenant has been above average so far and I would like to keep him until I am certain of this, would I have the FUTURE right to modify and make more stringent any 30 day tenant-at-will lease arrangement I might negotiate with him now ?
Thanks
Joe --173.48.xxx.xx |
lease conflict (by WMH [NC]) Posted on: May 21, 2017 11:48 AM Message:
What exactly is he objecting to? Is the lease so one-sided as to be detriment to him? --173.22.xx.xx |
lease conflict (by Moshe [CA]) Posted on: May 21, 2017 12:08 PM Message:
Because your lease was "vague" does not mean that it needs more detail or length.
Tenants get scared off by long leases, especially when they contain words that the tenant is not accustomed to using.
I would be surprised if a standard lease written for RI law would not suit your needs most of the time. Perhaps you are misusing the lease to try to specify things which should not really belong in a high-level document like the lease, in an attempt to exercise undue control over the tenant.
While it is possible to write into a contract the opportunity to revise the lease during the term, such clauses often do not stand up in Court. It is absurd that the tenant would make himself liable for things that he never expected, and a competent judge would recognize that. Additionally, judges usually consider that such a clause would apply to both sides equally, so that the tenant would have the right to demand that the lease be changed in his favor, upon his demand, and without your consent.
--47.139.xx.xxx |
lease conflict (by Deanna [TX]) Posted on: May 21, 2017 12:54 PM Message:
#1, the leases that are written by attorneys are very good by attorney standards, but I've found in practice, there's a lot they don't cover. The skeleton of mine is from the Texas Bar Association, which is very excellent about laying out what happens in cases where there are situations that "materially affect the average tenant's health and safety", but didn't address practical issues, like whether tenants can put dishes on roofs, or what happens if a three-year tenant suddenly discovers bedbugs, or whatever. :) So, I'm sure your attorney is doing a fine job, but look at his new proposed lease through three sets of eyes: the landlord's, the judge's, and the tenant's. :)
Your tenant is flinging around legal terms, which is usually a flag for "I'm going to be obnoxious until I get my perceived rights!" whether or not there are any rights at all. :) However, if he's a solid guy, and you like him, and you don't want to just call his bluff and say, "OK, I'm sorry we couldn't come to an agreement; I wish you luck," then I'd go visit him. Sit on the steps with the new lease on a clipboard.
Go over it and see what he doesn't like. Is it just a matter of "auuuuughhhh! change!!!" and moving his cheese? Or is he wanting to grandfather in a particular privilege that wasn't addressed in the first lease? Did you previously have, say, a ten-day grace period before late fees kicked in, and now you're trying to get him to pay a late fee the end of the day after it's due? Get him to point out exactly what it is that's making him unhappy, and two reasonable adults ought to be able to find a reasonable compromise. --96.46.xxx.xx |
lease conflict (by Vee [OH]) Posted on: May 21, 2017 4:55 PM Message:
I often suggest printing out your state tenant laws and place intoa 3ring binder, then flip the book over and do the same for the local tenant rules - this is your business bible, once you understand these you should go visit housing court to observe what happens and why, then you can reduce some repeat wording and get your lease down to 5-6 pages. You can gain some help at a local landlord meeting, find a few and stay with the one you like, this way you will learn a lot of how to run your business smoother and get these little problems in the rear view mirror. --76.188.xxx.xx |
lease conflict (by Pattyk [MO]) Posted on: May 21, 2017 8:46 PM Message:
Where i live. Yes his current lease would go month to month. If i wanted him out for any reason including the reason you are stating then i would simply give tenant 30 day notice if nonrenewal. Cause we are now on month to month so either party can give notice. For me, if i wanted to only have property with the new terms then i would give him notice to renew with these terms or move... Then your next fabulous tenant would sign the new paperwork and off you go. Pretty simple. Run your business. --66.87.xx.xx |
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