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Updated almost 8 years ago on . Most recent reply

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Joe Xie
  • Real Estate Investor
  • San Jose, CA
10
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Lease agreement questions for inherit tenant

Joe Xie
  • Real Estate Investor
  • San Jose, CA
Posted
I am buying a rental property at Bay Area with rental control has a tenant who is on month to month lease with selling landlord. I am planing continue with the term's the selling landlord. This is my first time to get a property with tenant, not to mention in rental control area so I come here for advice on following questions: 1. Do I need write a new lease or just a rent estoppel certificate refer to the old lease the tenant with the seller? 2. If I need a new lease, my agent suggested I refer to the old lease. But how do I refer to the old lease (I plan to honor all old lease teams ) in new lease? I plan to use exactly same write up as old lease, but then where and how I can refer the old lease? 3. Escrow will be close early next month, should I put 7/1 as start of new lease or 1/8? Or the date of the escrow close?

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Deanna McCormick
  • Minneapolis, MN
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Deanna McCormick
  • Minneapolis, MN
Replied

You need to download the landlord tenant laws for CA.. easy google just that.

You can't sign a new lease with the tenant until you take possession of the property.

So the lease former owner had will stay in effect until you can give proper notice of new lease and it's terms. 

I would strongly suggest you have your own lease made up,, the prior owners lease may not have been written properly so review that before offering the same 

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