Replacing an existing lease with multiple addendums with a new Lease

[Julie Kuczmarski]

I have tenants who have been living in one of my rentals for 3 years. Over the years, there have been multiple addendums, extensions and roommates moving in and out. Each one of these changes has been handled with an addendum or amendment to he original lease. The current lease is due to be renewed soon. Only one of the original tenants is still in place. The other two have been added through ammendments. Overall, I feel  that it would be best to just replace the existing lease with a new lease instead of adding another extension. The issue is that I have always shied away from a new lease b/c I am unsure of what verbiage to use in the new lease that still keeps certain things in place from the original lease.

Overall they are very good tenants and they always pay on time, but they are not the best housekeepers. One thing that I am very concerned about is making sure that the new lease holds all the tenants accountable for returning the home to the same condition that it was in when the first tenant moved in 3 years ago, with the original lease. Any recommendations for what verbiage should be added to the new lease to reflect that this lease is replacing the original lease and that the home must be returned in the same condition as it was when the original lease started.  It seems like it should be fairly straight forward, but since there have been multiple tenants in and out of the home, I feel like it is a little more complicated and I want to make sure that all my bases are covered. Also, what verbiage do you use about transferring security deposits when writing a new lease? Is there anything else that needs to be addressed when replacing an existing lease with a new lease that I have overlooked? 

kind regards,
Julie Kuczmarski

[Richard F.]

Aloha,

IF the various addenda and amendments were properly drafted, with each referencing back to the original agreement, and each having the appropriate signatures and dates, there should be no problem. If your goal is to "keep certain things in place", then why go to the effort to draft something entirely new, potentially leaving something else important out. You should not be dealing with Security Deposit issues at all under the circumstances, and, as long as you have a proper move in condition form for the original group, there should be no issue once they completely vacate the premises at some point. Roommates can "self-police" the individual move outs, having new one paying his share of the total SD to the person that moves out.(LL/PM holding total original SD)
If, on the other hand, you do NOT have proper move in documentation, it won't matter what condition they leave it in, as most jurisdictions will make the assumption it IS being returned in the same condition as it was...you have no proof of anything different. Also, starting a completely NEW agreement, you start with the condition today, not 3 years ago.