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Landlording: A Lesson Learned |
Cali_Clara
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Posted: 10:06 on 06-14-2008
I appreciate all the good responses on this forum. I help out on other forums that I have knowledge on - like building law.....
Ok, so I have a 'New' Landlord Q:
I signed a contract w/ a tenant on my personal residence while I am overseas for a few months. It was a month to month, ending on June 30th.
The tenant kept asking if he could stay till Aug or Sept, but I said I couldn't let him know till June 1st. So I'll let him know on June 1st it was ok, and gave him the option of another month or 2, and I request that he let me know asap. A few days later he's still asking if he can stay till a different date (mid month), I let him know 'one month or 2', and then he informs me that he's moving at the end of this month. I even said, ok - till mid month, and he still said no!
There is no way to make him liable for not giving 30 days notice- Is this correct? I made other arrangements to accommodate his request to stay. This has been a le$$on learned for me 
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Cali_Clara
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Posted: 10:07 on 06-14-2008
Correction above, the contract was a 'Fixed Term Lease.'
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ceinvests
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Member Since: 11/13/2003
Locust Grove, VA
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Posted: 10:19 on 06-14-2008
Read your lease.
Most leases state that there is a ___ day notice required at any time. Also most leases state what a hold over tenant is, and what is required of them.
IF your lease has those terms, it will be clear. Sometimes, in fact, the terms state that the notice Must be recvd. by the 1st to be effective by the 1st of the specified time.
So, there is a good chance that he is liable for 30 days. Lastly, verbal notices are oftentimes void, so he should be giving you his notice in writing.
But, read your lease and the landlord/tenant law for your area.
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Cali_Clara
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Posted: 10:52 on 06-14-2008
The Fixed Term Lease is a copy from Nolo.
There is not mention of notices or the like, and I used this lease precisely because I didn't want someone staying longer - due to rent control.
As I'm away, I didn't mind extending it for another month or 2, it saves me finding someone for that period. But in trying to help the tenant - I've ended up w/ extra costs.
So w/out a clause regarding a notice - I loose the rent right? I can't claim 30 days even if it is CA law?
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dnvrkid
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Member Since: 06/07/2004
Omaha, NE
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Posted: 13:23 on 06-14-2008
This is not legal advice, but the statement Fixed Term Lease to me means a Fixed period of time. If the tenant is leaving early form the initial agreement, you are entitled to rents. If you verbally extended the terms of the lease it would be hard to prove until it was in writing.
He is only liable for the terms of the initial contract through June 30th. There should have been an additional contract sent to him (or an addendum) when you approved the additional time and had him sign. It seems to me it is like the renter that says they will rent the place, but never comes back with the deposit money. It is not truly rented until a contract and money are in hand.,
If it is a fixed term lease, there is more than likely no notification clause. It sounds, unfortunately, that you were in the negotiation process of a new term and it fell apart.
Not being able to read the lease though it would be hard to give an accurate answer.
Good Luck.
[ Edited by dnvrkid on Date 06/14/2008 ]
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