Opinion on lease agreement and lease amendment

Rochester, NY · Member since 2016 · 107 posts · 19 votes

Hello fellow BP,

I have a little bit of an issue. I recently purchased a property with an existing tenant whose lease expires in next year. My main concern is this tenant is a smoker.

Now the lease she she doesn't stipulate anything about smoking or not smoking but for my personal health and the state of the property i am on the loosing end.

Can i have present a new lease agreement to the tenant since the present lease was not signed by the tenant and i but between the tenant and the previous owner.

Would a lease amendment be another option, can this option be put forward while the present lease is still active

Thank you for your help

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Anthony Hurlburt
Salt Lake City, UT · Member since 2016 · 199 posts · 190 votes
9y
You are legally bound by the current lease until it expires. You can try and have the tenant sign a new lease that prohibits smoking but they would not be required to sign it.
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Max T.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
9y
No, you can't do anything. The existing lease is binding and came with the property when you purchased it. Unless the tenant agrees to your proposed changes, you have to wait until the lease comes up for renewal. Then you can make changes. Then if she doesn't like them she can leave.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
9y
I'm confused. You say their lease expires next year but then you say the present lease was not signed.
If the lease was not signed, it is not valid and I would consider them a month-to-month tenant or whatever your law allows. If that's the case, serve them notice in accordance with the law and move on.
If they are under a signed lease you can always try to renegotiate. As long as all parties agree, you can amend the contract but be sure to get it in writing.
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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
9y
You need to clarify if the tenant does or does not have a signed term lease. It is a fine line but makes the difference between a term or M2M.
Generally when a lease ends and a tenant does not sign a new lease they automaticly continue with the existing lease on a M2M bases.
Why do you believe she has a term lease.
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