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Dana R.
  • San Clemente, CA
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Not renewing the lease when dealing with a lawyered up tenant

Dana R.
  • San Clemente, CA
Posted

My tenant is lawyered up so I need to make sure there's no tricks or traps the tenant can pull when I do not renew his lease.

The tenant signed a one year lease where it stated it would end on a specific date. What kind of notice do I need to give him then?

But, things get trickier here: 

Their lease ends when I will be out of the country and so it would be better if I let them stay for another two weeks after the year lease ends when I get back even though I want them out as soon as possible. 

But, what kind of notice would I need to give them then if I let them stay for another two weeks? My concern is that if I let them stay two more weeks after that year lease ends, does it become a month to month lease even though its only supposed to be for just two weeks?

If I let them stay for 2 more weeks after the year lease notice ends, what kind of notice would I need to give them? Would I have to give them a 60 day notice?

If I need to give them a 60 day notice, when can I give it them? Can I give it them exactly 60 days before the year lease and those extra two weeks ends- ie. 46 days before that year end expires. 

Or, can I only give them a 60 day notice after the year lease ends and they begin the two week lease?



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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
  • Investor, Entrepreneur, Educator
  • Springfield, MO
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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
  • Investor, Entrepreneur, Educator
  • Springfield, MO
Replied

Laws as to notice are generally requiring X days, more notice shouldn't be an issue, one day less is an issue. Your lease should have a notices required recital, certified mail, return receipt requested to the address of the tenant, notice effective upon the mailing.

Why did the tenant get a lawyer? A relative maybe? LOL, I wouldn't shudder in my boots over that.

Yes, if you fail to terminate properly you can go into a month to month which may require a different notice requirement.

Might be worth a hundred bucks to have your attorney write the termination letter and mail it. I wouldn't do the 2 weeks, can't someone go by there and see if they moved out?

Check the number of days you have to return any deposits too!

If you travel a lot, might consider a PM or get a Realtor on a flat fee basis to help out when you're gone. Good luck :)

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