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current tenant's won't sign a lease. what next? - Landlord Forum thread 209887

current tenant's won't sign a lease. what next? by snoopyfan on October 2, 2010 @20:04

                              
I recently bought a 3 family about 5 months ago and the seller never gave me any info on the current tenants on the 2nd floor. I needed to get them a lease especially since I have needed to talk to them repeatedly about issues:overflowing trash, refusing to follow recycling, throwing ciggarettes off porch, having unauthorized people living with them....So I finalized the LPA lease and gave it to them to have signed by everyone over 18 living with them. It is a 3 br. with a couple and thare adult children one of which just had her 2nd baby.I live on first floor so I have overherd them swearing and complaining from the window how they are not going to sign it. I am not sure what my next step should be seeing as they are currently living here and do not have an active lease and are refusing to sign one. I want to tell them if they do not sign a lease they need to sign a notice of intent to vacate. can I do this? I try to be an informed landlord but having trouble finding a similer situation. please help! Also I am wondering if anyone knows if thare is a max number of people that can live in an apartment. they are really puting a strain on resources like 5 or more loads laundry per day!
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Re: current tenant's won't sign a lease. what nex by Jake on October 2, 2010 @20:15 [ Reply ]
If you want to get rid of these tenants you are actually better off that they do not have a current lease. Look up the landlord/tenant laws for your state and determine the statutory requirement for notice. In most states you can give a 30 notice to vacate. You do not have to offer a reason. But if you do not want your place trashed any more than it may be now I would offer that you have an elderly relative that needs to be close by now. If the tenants do not move in 30 days or whatever the required notice is, you must begin an eviction. Name all those you have names for on the eviction, then add "and all others."
Re: current tenant's won't sign a lease. what next? by Monipenny on October 2, 2010 @20:39 [ Reply ]
Just get rid of them, they are horrible tenants anyway. Give them your State appropriate notice to vacate.
Re: current tenant's won't sign a lease. what next? by ERIC on October 2, 2010 @21:28 [ Reply ]
You may be able to get a lease signed by offering a bit of cash, like $100 signing bonus or so.

But, based on their attitudes, I would get rid of them and start fresh. I always prefer a building to be tenant free, then fix it up, and get better tenants.

These tenants will probably scare a good tenants away.

And, I bet they will be owing rent soon too.

Re: current tenant's won't sign a lease. what next? by OK-LL on October 2, 2010 @22:07 [ Reply ]
"I want to tell them if they do not sign a lease they need to sign a notice of intent to vacate."

You're a little confused here. YOU give THEM a Notice to Terminate Tenancy, you don't beg the to sign a notice to terminate their tenancy -- you are initiating the notice and you want them out, so you need to man up and give them the appropriate notice (15-day, 30-day or whatever your state laws deems appropriate). If they don't vacate on the date set by the notice, then you take them to court to evict them for holdover.

Re: current tenant's won't sign a lease. what next? by Daniel (CA) on October 2, 2010 @22:41 [ Reply ]
What city/ state is this?

If you do not have RENT CONTROL restrictions ( and I think a 3 unit owner occupied building is exempt anyway ) Then I would send the tenants a "NOTICE TO CHANGE IN TERMS OF TENANCY" to be effective in 30 days: As far as I know a Landlord can unilaterally change the terms with proper notice.

Change in Terms is :
1. the lease that you prepared
2. any other rules that you find reasonable.
A. no loud disturbances
B. no overflowing of trash; They are to do "XYZ" ( find some trash overflow rules )
C. They are to follow recycling rules
D. Throwing ciggs off porch is a violation of courtesy rules
E. The LPA Lease has the guests rules.
F. I would also charge rent per adult so if you collect $500 in rent now, then you should indicate that rent is increased to $500 for the first couple and $5000 per additional occupant.

AND they can accept the new terms or leave on their own.

Re: current tenant's won't sign a lease. what next? by jim i (mi) on October 2, 2010 @23:10 [ Reply ]
Like the others have said. Screw the lease. Get rid of their sorry trashy asses. NOW!

They are challenging you for control. Its your place right?

NOW!

Re: current tenant's won't sign a lease. what next? by Jack Klein (NY) on October 2, 2010 @23:34 [ Reply ]
It is hard to teach an old tenant new tricks.
They are there and already set in their ways.

You sent them an LPA Lease? Not really the best way to handle it. On the ofchance that they actually read it, it would probably scare the crap out of them. A new lease really needs to be explained in detail with a new tenant.
These are new tenants, right? New to you that is.

1. serve a 30 day notice to terminate (The 30 days starts counting on the next rent due date)
2. If the are not out at the end of your 30 days, you may evict.

I wouldn't want them if I were you.

Re: current tenant's won't sign a lease. what next? by Teena (Il) on October 4, 2010 @15:58 [ Reply ]
Hi Snoop,
Time to get these people out.
Serve your 3 or 5 day notice and proceed with the eviction process.You don't mention what state you're in as statutes vary.It's not that complicated in many states.

ANd there are limits to the number of people allowable in an apartment.
What you need to do is check out HUD guidelines,which usually allow 2 people per br. although other factors may play into it;sq. footage,livable space,layout etc.
Also check out your local housing codes. They have their limits too.
Uh,the tenant doesn't need to sign your notice.Serve it,notarize it and file it to begin the eviction is all you do.
This is not an unusual situation.It's happened to many new owners .

These tenants sound like real winners.I wouldn't want them.
Best of LL luck.


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