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tenant refuses to sign updated agreement
by Loye Ellen (Crestline,Ca.)
on February 7, 2012 @18:17
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What can we do when our tenant refuses to sign an updated month to month rental agreement? He lost his orginal copy and we loaned ours to make a copy he needed and we can't seem to get it back. He has lived for 1 1/2 years
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Re: tenant refuses to sign updated agreement
by Anonymous
on February 7, 2012 @18:33
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It probably would have been a better idea to have made the copy for him instead of loaning him your original. But I am sure you realize that now.
Have you asked him for it back? You may want to write him a letter stating how you loaned him your original agreement for the purpose of copying it as he lost his and needed it for whatever it was and as of X date, the original has not been returned. Please return it within X amount of day.
If you don't get it back, you can always issue a rental termination letter since it's a month to month agreement and give him the proper notice required by your state.
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Re: tenant refuses to sign updated agreement
by Anonymous
on February 7, 2012 @18:57
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If you are modifying a month to month rental agreement, and are modifying it well enough in advance, the tenant need not sign it for it to be valid. I would imagine that California has a legal form you need to give them, formally notifying them of the changes but perhaps giving them a copy may suffice; however, you make want to highlight, bold, red arrow the changes so they are very aware of the changes.
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Re: tenant refuses to sign updated agreement
by Jake
on February 7, 2012 @22:20
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Post a 3 day cure or quit notice to his door along with a copy of the lease. He will either sign it or move out. If he does not sign in 3 days, serve him with a notice of termination. If he still does not move, file for an eviction. Get the forms at the court house. You do not have to provide a reason for termination for a month to month tenant which is what you have. Get rid of this tenant on your schedule. Do not accept an alternate move out date set by him. He is not in control. You are.
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Re: tenant refuses to sign updated agreement
by Anonymous
on February 7, 2012 @22:49
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The notice to end the lease might be 60 days, but if no payment of rent, jump on it asap with the required pay or quit notice and follow through with an eviction as needed.
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Re: tenant refuses to sign updated agreement
by Anonymous
on February 8, 2012 @03:13
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I would tell him to return the original, or face the fact it is now a verbal lease. As for being with a verbal lease, you can give give him a thirty day notice to leave. When the thirty days is up, you can start the eviction process. Your reason, in front of the judge for the eviction, is "I need the place back, it is no longer be available to rent."
Let him hand you the rent, and hand him a letter saying "the place is no longer available for rent, this is a thirty day notice to leave."
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