Inherited Tenants - How to begin a new lease?

Inherited Tenants - How to begin a new lease?

Member since 2022 · 1 post · 0 votes

Hi, I am soon going to be closing on my first property and I will have an inherited tenant while owner-occupying the other unit. Her lease is month to month currently and is 750/month. I want to raise it to 850 because that is far too low in the state of Massachusetts for a 2 bedroom. How do I go about setting a new lease up? Do I need to cancel the existing month-to-month lease and then create a new one?

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  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Jared P Walsh:

    Hi, I am soon going to be closing on my first property and I will have an inherited tenant while owner-occupying the other unit. Her lease is month to month currently and is 750/month. I want to raise it to 850 because that is far too low in the state of Massachusetts for a 2 bedroom. How do I go about setting a new lease up? Do I need to cancel the existing month-to-month lease and then create a new one?


    Any time someone is on a month-to-month lease, you can usually make any changes you want with a 30-day notice. Check your state laws because some states require a longer notice depending on how long the Tenant has lived there. You can give notice of termination, notice to increase rent, or whatever other changes you want.

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  • Real Estate Broker · Columbus, OH · Member since 2021 · 203 posts · 247 votes
    4y

    30 day notice and raise that thang! There should be state specific leases on BP that are available. Good Luck!

  • Attorney · Attleboro, MA · Member since 2015 · 412 posts · 165 votes
    4y

    Basically, yes, that is how you do it. Give her a thirty day notice NOW that you are ending her tenancy at the end of June. If you want to use your own lease and change the terms (like add no smoking, no pets) and request last month and a security deposit and/or go month to month to a year long lease and/or raise then rent, you can offer her a new lease under such and such terms. Usually it is best to do it by two separate letters/notices. have it all served by the sheriff or constable.

    Congratulations by the way, and good luck!

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