San Diego · Member since 2021 · 24 posts · 5 votes
As a newer landlord here in San Diego, I'd like to get inputs on everyone's procedural steps they take, as a tenant's lease is set to expire. One of my tenants 1-year lease is set to expire on March 31s, 2024. It's the common AOA Rental Lease Agreement form from the previous owner. I reached out to the tenant via text message on Feb 1st, to ask if they would like to renew their lease for another year, or if they plan to move out. Again, I inherited this tenant from the sale, but they have always paid a day early, seem to keep the unit and area tidy, and don't really complain much. So I'd like them to stay, I plan to keep the rent the same, as it's already at market rent. So I think I have a few questions below, for each scenario that comes to mind
1. The lease reads that they need to provide 30 days written notice to terminate. So I believe the tenant needs to let me know what they plan to do within 30 days of lease expiring?
2. If they plan to renew, I plan write up a whole new lease of my own. I think this is pretty straight forward. Any other forms needed?
3. If they are unsure still what their plans are, the lease states it will automictically move to month to month. Is there anything else I need to do here or forms needed to be completed?
4. If they plan to move out, I believe they need to sign a 30-day notice of intent to vacate, correct?
As a newer landlord here in San Diego, I'd like to get inputs on everyone's procedural steps they take, as a tenant's lease is set to expire. One of my tenants 1-year lease is set to expire on March 31s, 2024. It's the common AOA Rental Lease Agreement form from the previous owner. I reached out to the tenant via text message on Feb 1st, to ask if they would like to renew their lease for another year, or if they plan to move out. Again, I inherited this tenant from the sale, but they have always paid a day early, seem to keep the unit and area tidy, and don't really complain much. So I'd like them to stay, I plan to keep the rent the same, as it's already at market rent. So I think I have a few questions below, for each scenario that comes to mind
1. The lease reads that they need to provide 30 days written notice to terminate. So I believe the tenant needs to let me know what they plan to do within 30 days of lease expiring?
2. If they plan to renew, I plan write up a whole new lease of my own. I think this is pretty straight forward. Any other forms needed?
3. If they are unsure still what their plans are, the lease states it will automictically move to month to month. Is there anything else I need to do here or forms needed to be completed?
4. If they plan to move out, I believe they need to sign a 30-day notice of intent to vacate, correct?
Hi there. I'm a property manager in San Diego, so I can help with California tenant laws.
1. They don't have to let you know within 30 days of lease expiring, because it will automatically go month to month, if you don't renew it with them. They just need to let you know 30 days before moving out.
2. If you plan to have them sign a new lease, no other forms are needed. But make sure you have a really good, detailed lease. I have found that standard forms are not detailed enough for me.
3. No other forms need to be completed for it to just go month to month. BUT, even if they aren't sure of their plans, it is best to have them sign a new month to month lease. That way, you can get those details you need in there.
4. They should give you 30 days notice of intent to vacate. It doesn't have to be an official form. It can be an email or text.
I would sit down with the tenant and talk about his/her plans and go from there. After your conversation, things will be a lot easier to navigate.
Realtor · Southern Maine · Member since 2020 · 24 posts · 19 votes
2y
I think it's important to have great communication with tenants. I would either call them or set up a time and visit with them to get an understanding of how everything is going. Discuss what their plans are and let them know if they are planning to stay that you'd keep the rent the same and anything else you wish (new lease/term/etc.). You kind of want to get the ball rolling on this quickly... you don't want to wait until the 30 day notice to know you have to market the property and get it ready to be turned around. What if it needs paint, repairs, etc?
The lease is what the lease is, if it says xyz that's typically what it is.
So answers to your questions -
1. Yes.
2. Check with your local city laws as they pertain to rentals.
As a newer landlord here in San Diego, I'd like to get inputs on everyone's procedural steps they take, as a tenant's lease is set to expire. One of my tenants 1-year lease is set to expire on March 31s, 2024. It's the common AOA Rental Lease Agreement form from the previous owner. I reached out to the tenant via text message on Feb 1st, to ask if they would like to renew their lease for another year, or if they plan to move out. Again, I inherited this tenant from the sale, but they have always paid a day early, seem to keep the unit and area tidy, and don't really complain much. So I'd like them to stay, I plan to keep the rent the same, as it's already at market rent. So I think I have a few questions below, for each scenario that comes to mind
1. The lease reads that they need to provide 30 days written notice to terminate. So I believe the tenant needs to let me know what they plan to do within 30 days of lease expiring?
2. If they plan to renew, I plan write up a whole new lease of my own. I think this is pretty straight forward. Any other forms needed?
3. If they are unsure still what their plans are, the lease states it will automictically move to month to month. Is there anything else I need to do here or forms needed to be completed?
4. If they plan to move out, I believe they need to sign a 30-day notice of intent to vacate, correct?
Hey there Mike! I make it a practice to rewrite leases on my forms at take over. If they have term left, you cannot change any of the terms of the lease, just get them used to you and your forms. It gives both the owner and the tenant an opportunity to meet.
Landlord laws are different in every state, so anything I say is based on my experience in New Mexico. Check your local laws and ordinances and take what I say with a grain of salt.
1. We need a 30 day notice. Keep in mind in NM that means "term". If I receive a 30 day notice today, the new term starts on Mar 1, so the "30 day" notice takes them to Mar 31. If the notice comes on the 1st of the month, they actually have until the end of the next month - effectively 60 days. When people are moving out, I usually don't hold them to that standard, BUT when I'm giving a notice to them, I have to follow the state law.
2. If I'm working with my leases, I do an amendment to the lease addressing any changes including new rent, who pays utilities, additional fees, etc. I don't do an entirely new lease every time. If it is someone else's lease, I always write up MY lease.
3. Month to month is fine. I typically charge a month to month fee, so I put that in writing with a "30 day" notice. I charge an additional $150 for month to month. Not a bad thing to have them go that way. It's easier to get them out rather than waiting an entire year. If market rents shift, you can move your rents up every 30 days if you wanted to ( I'm not that aggressive).
4. 30 Day notice, if that is what your lease says, yes. At this point, schedule a pre-move out walk through with them present acknowledging what they need to do to be sure to get their deposit back. Repairs, repainting, shampoo the carpets, etc. Take photos & Make them sign and acknowledge the form. Creates a strong case in court. Compare to their move-in checklist.
As a newer landlord here in San Diego, I'd like to get inputs on everyone's procedural steps they take, as a tenant's lease is set to expire. One of my tenants 1-year lease is set to expire on March 31s, 2024. It's the common AOA Rental Lease Agreement form from the previous owner. I reached out to the tenant via text message on Feb 1st, to ask if they would like to renew their lease for another year, or if they plan to move out. Again, I inherited this tenant from the sale, but they have always paid a day early, seem to keep the unit and area tidy, and don't really complain much. So I'd like them to stay, I plan to keep the rent the same, as it's already at market rent. So I think I have a few questions below, for each scenario that comes to mind
1. The lease reads that they need to provide 30 days written notice to terminate. So I believe the tenant needs to let me know what they plan to do within 30 days of lease expiring?
2. If they plan to renew, I plan write up a whole new lease of my own. I think this is pretty straight forward. Any other forms needed?
3. If they are unsure still what their plans are, the lease states it will automictically move to month to month. Is there anything else I need to do here or forms needed to be completed?
4. If they plan to move out, I believe they need to sign a 30-day notice of intent to vacate, correct?
Hi there. I'm a property manager in San Diego, so I can help with California tenant laws.
1. They don't have to let you know within 30 days of lease expiring, because it will automatically go month to month, if you don't renew it with them. They just need to let you know 30 days before moving out.
2. If you plan to have them sign a new lease, no other forms are needed. But make sure you have a really good, detailed lease. I have found that standard forms are not detailed enough for me.
3. No other forms need to be completed for it to just go month to month. BUT, even if they aren't sure of their plans, it is best to have them sign a new month to month lease. That way, you can get those details you need in there.
4. They should give you 30 days notice of intent to vacate. It doesn't have to be an official form. It can be an email or text.
I would sit down with the tenant and talk about his/her plans and go from there. After your conversation, things will be a lot easier to navigate.
1) Inspect home ASAP to determine: - If they are taking care of the property and YOU want to renew - Do Pre-MoveOut Evaluation of potential repairs needed. This can be used to: ---Plan a faster RentReady flip ---Alert the tenant to potential Security Deposit charges, giving them the opportunity to fix themselves. This should minimize their later complaints.
2) If either party doesn't want to renew, send LEGAL notice of lease termination with 30-Day Notice of Possession. You do NOT want to wait until end of lease and then find out they haven't moved out. Explain to tenant you are only sending as a precaution.
3) Schedule locksmith for day after scheduled MoveOut.
We do NOT recommend doing final walk-thru with tenant present as only leads to them pressuring you not to hold them liable for damages.
Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
2y
Always increase the rent by something every lease renewal. You want the tenants to be in the habit of receiving a rent increase of some sort on every new lease. Otherwise they'll go nuts when your expenses have risen so much over time that you have to increase by a lot. 1% 0.5%, something.
Pay close attention as to whether your lease has auto-renewal provisions or provisions that put it to month to month. My preference is for a lease that terminates so if there is no new lease they are tenants holding over.
