Refuse signing the lease

6 Replies

Hi everyone,

I inherited a tenant when I bought my owner occupied 2-family. The tenants lease is up so being proactive, I met with a lawyer to help me put together a strong lease. Gave the lease that my lawyer and I crafted to the tenants and they said that they are not signing the lease because they never saw a lease that had so much details on it. They are not comfortable signing it. Going to meet with them tomorrow and see why they are so uncomfortable about signing the lease. 

These are good tenants and I hate to see them go. I want to keep them around but if they don't sign my lease, I am going to have to serve them a 60-day notice. Am I over reacting about this? If I serve them a 60 day notice, that means that I will have an empty apartment in the middle of winter which isn't the best. Just wondering if any landlord has been in my shoes and if there is any advice that could be shared with me. 

Thank you 

Seems to me your options are pretty clear. If you want to keep these tenants, you either have to lighten up the lease or just keep them as is. Otherwise, you give them their marching orders. What's more important, your lease or having the apartment occupied right now?

You could find a happy medium; keep them on their existing setup until spring, then give them their walking papers. 

First question I have, is that even legal in your state? Leases go month to month where I am, so you are bound to the original lease.

You could keep them around for now and serve them notice in Feb 2018.

@Tarcizio Goncalves Do a quick analysis on how many comparable rental units are available in your area.  You aren't that far from me, and things are tight here all around.  So you could be surprised how quickly you can rent the place. 

You should certainly find out what the current tenant doesn't like in the lease, however, do you really want your tenant dictating terms? If they are already "complaining", you could have a difficult tenant in the future. 

Talk to them and have a 60-day notice with you.  

Thank you everyone for the suggestions and advice. @Russell Brazil , they had a 1 year lease when I purchased the property, their lease expired and now I want them to sign a month-to-month because they told me they are currently looking for a house. 

What does the "old"  lease (or local law in the absence of applicable terms) say about their current tenancy? They are likely already month to month.

Send an Amendment with any new/changed terms. 

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