 Month to Month contract (by SW Robbins [FL]) May 26, 2018 9:07 AM
 Month to Month contract (by Moshe [CA]) May 26, 2018 9:49 AM
Month to Month contract (by AllyM [NJ]) May 26, 2018 10:13 AM
Month to Month contract (by fred [CA]) May 26, 2018 10:33 AM
Month to Month contract (by NC INVESTOR [NC]) May 26, 2018 12:59 PM
Month to Month contract (by SW [FL]) May 26, 2018 1:50 PM
Month to Month contract (by Vee [OH]) May 26, 2018 2:08 PM
Month to Month contract (by Moshe [CA]) May 26, 2018 4:31 PM
Month to Month contract (by NC INVESTOR [NC]) May 26, 2018 9:54 PM
Month to Month contract (by SW [FL]) May 27, 2018 6:29 AM
Month to Month contract (by SW Robbins [FL]) Posted on: May 26, 2018 9:07 AM
Message:
Hello,
I have a question regarding contract renewals and the process involved.
As per a prior thread, I've gradually changed all 4 of my (SF) tenant's contracts to a month-to-month format as they came up for renewal. They had all been one year contracts when I first signed them up. I've noticed that when I mailed them the renewals (to month-to month) as the old one year contracts expired, not one of them has signed the (mtm) contract and returned them. I've reached out to them and each one has said they would but ALL have failed to return them. I haven't been too concerned but my wife says that I should insist. Any thoughts. I'm comfortable with all these tenants right now and the assumption is that if they're not on a yearly contract they're automatically Month to Month, right? No one is giving me any grief now, but you never know. --104.48.xxx.x |
Month to Month contract (by Moshe [CA]) Posted on: May 26, 2018 9:49 AM
Message:
Check your state law, but if they remain with your consent after expiration of a lease, then the contract is probably a month-to-month contract with the same terms as the lease.
I use only one-year leases. When they expire, I call the tenants and discuss if they want to stay and the price, and then, if we are all agreeable, I schedule an appointment within a few days to sign a new lease. No new lease, no more occupancy.
--47.139.xx.xxx |
Month to Month contract (by AllyM [NJ]) Posted on: May 26, 2018 10:13 AM
Message:
Here in NJ if they remain it is as if they have signed and agreed to changes. We do have to use a sentence that says that their old lease has expired or that the landlord wishes to make changes so they are terminated as of such a such a day. If they wish to remain on the premises they must sign and return the new lease. If they remain without signing it is assumed that they agree with the conditions of the lease. Did you send them certified with a return receipt? If not then you can redo it and send them that way. Either the tenants will sign them or the envelope will come back to you unopened. Then if you need to go to court you have the unopened envelop and can show the new lease and that the tenant failed to claim a notice. --73.178.xxx.xx |
Month to Month contract (by fred [CA]) Posted on: May 26, 2018 10:33 AM
Message:
If you used a store bought lease agreement form, check it - it might contain something about automatic renewal into M2M.
M2M gives you the freedom to: raise rent, terminate the rental agreement, easy to make changes.
Lease gives you: stability and commitment (tenant less likely to break it). --99.59.x.xxx |
Month to Month contract (by NC INVESTOR [NC]) Posted on: May 26, 2018 12:59 PM
Message:
We only do annual and it renews to annual. We sent notices and remind them if they do not respond 60 days prior to the end of the lease it will automatically renew at X rate increase with an effective dae.
My finding is they overwhelming do not respond after the notice and just let it roll over at the new rate.
--71.75.xx.xx |
Month to Month contract (by SW [FL]) Posted on: May 26, 2018 1:50 PM
Message:
I do send the renewals certified with a return receipt. So far, only one tenant has called (at renewal) concerned that we were planning to ask her to leave. I just explained that all my rentals were being converted to M2M and she had no reason to worry. I then asked her to sign and return the lease extension and she never did. That was 3 months ago.
From what I can tell from the Fl. Statutes, nothing indicates that they need to acknowledge in writing the change to M2M.
Thanks everyone for your input. --104.48.xxx.x |
Month to Month contract (by Vee [OH]) Posted on: May 26, 2018 2:08 PM
Message:
This is prolly a good time to download an updated set of local and state tenant rules, fold them into your new lease so then you will have lease teeth with no cavities, as you may have found legal help is the highest hourly rate anybody pays, knowledge is power. --76.188.xxx.xx |
Month to Month contract (by Moshe [CA]) Posted on: May 26, 2018 4:31 PM
Message:
One reason not to sign the lease would be that signing a new lease restricts tenant's freedom to leave whenever they want while declining to sign allows them to stay anyway at the same price. So, why sign a long-term lease if you can stay, anyway?
--47.139.xx.xxx |
Month to Month contract (by NC INVESTOR [NC]) Posted on: May 26, 2018 9:54 PM
Message:
Moshe: That may be a CA law but here if we serve notice that the lease will automatically renew at xx% rent increase and they fail to respond then we don't need the renewal lease signed. The court considers their failure to respond as acceptance of the new term(s). --71.75.xx.xx |
Month to Month contract (by SW [FL]) Posted on: May 27, 2018 6:29 AM
Message:
Moshe, I agree, why sign a long term lease when they can stay anyway. But remember my renewal is now changed to M2M. I would just like them to acknowledge that it has now changed.
I’m not going to worry about it since they’ve Been notified of the change and if they need to leave for whatever reason, they will. All of my tenants right now have been with me between 3-10 years. Down here in the Miami area it’s definitely a tight market and people need a place to live. Thanks again. --104.48.xxx.x |
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