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Re: Can I ask tenant to move after lease is over?
by Bill
on May 15, 2014 @09:52
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Never remove anyone from a current lease. You never know if the nonresident is moving in during the lease. However, when the current lease is over you may write a new one deleting the nonresident tenant if you want. But you do not need a reason for a nonrenewal. You do not need to convince the current tenant why you do not want to renew.
Have a talk with your tenant and see if she can afford the rent or if she indeed wants a room mate. You agreed to a room mate when she moved in. Has something changed to raise an objection now?
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Re: Can I ask tenant to move after lease is over?
by Lana (CA)
on May 15, 2014 @14:14
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Thanks for the comment, I appreciate it.
The reason I'd like tenant to move out after lease is over is that my property tax and home insurance are jumped up for the last year more than I can increase rent (1% in rent control city), and I'll have a negative cash flow. Rents are much higher this year than it was a year ago, so for the new tenant I'd have a positive cash flow to have money for maintenance expences if needed.
You are saying that I don't need convincing points to move her out, but what can I say why I don't want to go month to month with her?
Can she sue me for it? Tenants rights are very strict in the city.
And they always paid rent in time.
Other question - can I ask her to move out at any future month or I have to do it starting from the first month after lease is over?
Please advice, and thank you.
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Re: Can I ask tenant to move after lease is over?
by Bill
on May 15, 2014 @15:03
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You will not get sued for not renewing a lease. If you want, you can tell the tenant that you are selling the place and need it empty. Of course, you could change your mind about selling after the tenant is out. Or, you can say you have an elderly relative that needs to live closer to you.
You will need to let the tenant live out the current lease and send a non-renewal notice. You may need to let the tenant live one month as a month to month first. What does you lease say about rolling over to a month to month?
In the future, remember that you need to raise the rent every year to prevent from falling into this squeeze again. It is too bad that you are losing a good tenant. Maybe someone here has a way to get around it and will post it.
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Re: Can I ask tenant to move after lease is over?
by Anonymous
on May 16, 2014 @01:33
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Thanks for response, very valuable advice.
I can't raise rent above allowed 1% percent bc of rent control, that's the problem -:(
From website about cities with rent control - read last sentence :
"Cities in states such as California that have rent control or rent stabilization ordinances govern nonrenewal of leases differently. For instance, tenants in rent-controlled dwellings in San Francisco are usually entitled to renewal of their leases. In many cases, when tenants occupying rent-controlled or rent-stabilized dwellings vacate, landlords can raise rents to market rates. In part, rent control-type ordinances are meant to keep landlords from refusing to renew current tenants' leases in hopes of raising rents on new tenants."
So it can be tricky to tell tenant that I plan to sell house or move relative there and later they will find out that I rented it out instead for higher rent.
I don't know what to do to make it legal - please advice.
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Re: Can I ask tenant to move after lease is over?
by Anonymous
on May 16, 2014 @02:40
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Get some legal advise that is local. Find an attorney that is experienced in San Francisco's rental ordinances. The city cannot make you rent to someone when it is a financial loss to you to do so.
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