Fixed Lease Length

2 Replies

Are there any rules regarding the length of how long or how short a fixed lease can be with a tenant?

As long as the lease has a definite date for the beginning and end of the lease, will it be regarded as fixed lease regardless of how short it is?

Or, is there a minimum number of days it has to meet to be a fixed lease? I've always heard about a year long fixed lease but nothing shorter than that.

When my tenant's one year lease ends, I will be out and so I would like to extend the lease for two weeks until I will be back. But, if I let the lease simply roll over, then I'm afraid that it would make it a month to month tenancy and then I'd have to give him a 60 day termination notice even though I want him out as soon as possible.

So, I need to know if there would be any issues if I got the tenant to sign a new lease that's only two weeks long with defined dates.

Because he was on a new short lease after this one year lease expires, then I don't need to give him that 60 day notice?

The original lease would have ended in the middle of a month and the new two week lease would have extended the tenancy to the end of the month.

With the two different leases, the original year long lease and the two week long lease, should I insist that I get two separate payments for each lease? 

Or, will there be any problems if the tenant pays a single check for that month?

Right now, I have a direct deposit with the tenant. But, if the tenant pays the full month's rent even though the year long lease would end in the middle of the month, could the tenant claim I had accepted payment and it was thus a month to month even if he signed the new two week fixed lease?

This is the first time I've heard the term "Fixed". A lease is a lease and what you are talking about is the term of the lease. I'm guessing that you started this lease in the middle of the month so you think it needs to end in the middle of the month? Your future fix to this is to prorate the second month based on the first months move in date. If the move in on the 15th the pay full months rent up front but they only pay 1/2 in the second month to offset the half month they didn't live there in the beginning. Then, you end your lease on whatever date you wish, I prefer the last day of the 12th month from the beginning however you may want to adjust this so that your vacancy happens at the most opportune time ie. you don't want a lease to end at the end of November or December because of the holidays.

Regarding your current situation, I would simply write up an addendum to the lease that extends the lease to the date you want. The tenant must agree and sign off on it and problem solved. Now I'm assuming you'd probably need an additional 1/2 rent check to cover the extra 2 weeks.

I agree with @Dick Rosen . In addition, in California, you have to give someone a 60 day notice to move out if they have been living there more than 1 year when you give the notice.  It has nothing to do with the length of the lease. 30 days notice is required if they have been living there less than 1 year. 

Join the Largest Real Estate Investing Community

Basic membership is free, forever.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.