Tenant who signed 1month lease.

Specialist · Cheyenne, WY · Member since 2018 · 15 posts · 2 votes

Rented to a person that decided the apartment wasn't up to her standards. Solved the problem by offering her a month to month th lease. Been a problem tenant since she moved in. Can I send a 90 notice after the 30 days stating a rent increase of 100 dollars to her rent if she wants to continue living there month to month?

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Jerry W.Pro Member

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Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes

@Ashley Hodge, the terms of the lease work the same for both parties unless you specify otherwise. Month to month means either can terminate with one months notice. The same is true for raising rent. You do need to be aware of any special laws that the town may have passed. Very few towns have enacted Landlord laws in WY. The notable major exception I am aware of is Laramie due the need because of some very unscrupulous landlords. As to state law it is hard to imagine a more landlord friendly state than WY. Evictions are often completed in less than 2 weeks. I have had some take less than 1 week.

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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
8y
You need to study your state landlord tenant regulations to find out when a rent increase can be imposed and what the notice requirements are. You are required to know your state codes to operate your business.
Read you codes then come back and ask questions for clarification if necessary. Codes are state specific.
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Anthony Wick
Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
8y
Why don't you just terminate her lease, with the specified time frame of notice that was written in lease? If you don't want her there this seems fairly easy on a MTM lease.
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Ashley Hodge
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Specialist · Cheyenne, WY · Member since 2018 · 15 posts · 2 votes
8y
@Thomas S. Thank you for the advise. I did find the law in wyoming and will proceed with any other questions. Thank you
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
8y
@Ashley Hodge I'm a property manager up in Cody. Give me a holler if you ever have a question about Wyoming leases. Another good resource is @Jerry W. in Thermopolis.
Since they are on a month-to-month lease, you can terminate or change the lease terms with 30 days notice. You don't have to coincide with the end of the month, either. In other words, you could give them notice on September 5th that their lease terms are changing effective October 5th. As long as they have at least 30 days written notice.
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Jerry W.Pro Member
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Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
8y
@Ashley Hodge, the terms of the lease work the same for both parties unless you specify otherwise. Month to month means either can terminate with one months notice. The same is true for raising rent. You do need to be aware of any special laws that the town may have passed. Very few towns have enacted Landlord laws in WY. The notable major exception I am aware of is Laramie due the need because of some very unscrupulous landlords. As to state law it is hard to imagine a more landlord friendly state than WY. Evictions are often completed in less than 2 weeks. I have had some take less than 1 week.
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Amy Beth
Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
8y
@Ashley Hodge. I would just send her a lease termination notice ASAP and then find a different tenant. In the future if you see a problem tenant in the beginning to solve the problem I would let the tenant know that since they are not happy you will allow them out of their lease instead of offering a month to month lease.
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Amy Beth
Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
8y
@Ashley Hodge. I would just send her a lease termination notice ASAP and then find a different tenant. In the future if you see a problem tenant in the beginning to solve the problem I would let the tenant know that since they are not happy you will allow them out of their lease instead of offering a month to month lease.
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John CasmonPro Member
Cincinnati, OH · Member since 2013 · 1k+ posts · 1k+ votes
8y
Great advice already, but I would stress that if she is problematic, don’t try to raise rent, just terminate the lease with the30 day notice. Paying more for rent will just make her expect more. As a future tip avoid renting to anyone who complains about the quality of the unit before signing a lease. It’s a big red flag that they will be problematic.
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Ashley Hodge
OP
Specialist · Cheyenne, WY · Member since 2018 · 15 posts · 2 votes
8y
@John Casmon yes I agree! She moved from out of state and I had shown her the apartment over facetime. Huge lesson learned will never do that again.
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Ashley Hodge
OP
Specialist · Cheyenne, WY · Member since 2018 · 15 posts · 2 votes
8y
@Amy Beth that's great thank you.
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Ashley Hodge
OP
Specialist · Cheyenne, WY · Member since 2018 · 15 posts · 2 votes
8y
@Anthony Wick I didnt realize you could terminate a lease. I will be looking into that. Thank you
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Ashley Hodge
OP
Specialist · Cheyenne, WY · Member since 2018 · 15 posts · 2 votes
8y
I know that this is trying to be too nice, but I try to be even when tenants are complicated. The lease was up Sept1. So I was trying to figure a way to 1. Get her to move somewhere else 2. Have her pay for a month to month lease or sign a longer one. I guess I'm not sure which is best at this point.
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Sam Shueh
Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
8y
Something like that to precipitate her departure. Some will whine regardless.

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Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
8y
IF she is a problem already the one thing you dont want to do is have her sign a longer term that only locks you in, not her. You dont want a PIA calling you all the time.
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Matt K.
Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
8y
No need to rent to someone who doesn't want to be in there, it's only going to cause headaches.
Take the time to find someone who actually wants to rent from you and be there.
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Steve B.
Engineer · Portland, OR · Member since 2014 · 1k+ posts · 1k+ votes
8y
@Ashley Hodge that rent Increase could easily be construed as “retaliatory” by the courts, I wouldn’t go that route. As Jerry said be grateful you live in WY and simply evict them under some legally viable premise
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Brian Garlington
Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
8y
How long has she been there? Even in tenant friendly California I believe if the person has NOT been at the property for at least 30 days you have a very good chance of being able to give them the boot for a myriad of reasons...........It's only ONCE they have been there for 30 plus days that things get crazy
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Ashley Hodge
OP
Specialist · Cheyenne, WY · Member since 2018 · 15 posts · 2 votes
8y
@Brian Garlington 35 days. Month lease ended Sept 1
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John CasmonPro Member
Cincinnati, OH · Member since 2013 · 1k+ posts · 1k+ votes
8y
Originally posted by @Ashley Hodge:
I know that this is trying to be too nice, but I try to be even when tenants are complicated. The lease was up Sept1. So I was trying to figure a way to 1. Get her to move somewhere else 2. Have her pay for a month to month lease or sign a longer one. I guess I'm not sure which is best at this point.

Ashley - please don't overthink this. It's a month to month lease, which means it is only valid for one month at a time. If she's a problem tenant, issue the 30 day notice and get her out of your life unless you want to go to the landlord school of hard knocks. If you're even considering letting her stay longer she must not be much of a problem...yet.

Whatever you do, you do NOT want her to sign a longer lease. And by the way, if you wait to get her out you will be looking to place a tenant during the off-season where it's harder to find quality tenants at market rents.
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Ashley Hodge
OP
Specialist · Cheyenne, WY · Member since 2018 · 15 posts · 2 votes
8y
Yes that makes sense. @John Casmon I do tend to over think. Thank you I'd rather not learn the harder way with this tenant more than I already have.
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Ashley Hodge
OP
Specialist · Cheyenne, WY · Member since 2018 · 15 posts · 2 votes
8y
@John Casmon I can still issue a lease termination after the 30 days? I very new to this I just want to make sure im doing the right thing legally.
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Vincent V.
Real Estate Investor · Austin, TX · Member since 2015 · 65 posts · 50 votes
8y
@Ashley Hodge - You have a month to month so all you have to do is issue a non-renewal notice. The tenant have 30 days to vacate the premise from the day you posted the non-renewal. It’s that simple. Good luck.
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Jerry W.Pro Member
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Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
8y
@Ashley Hodge, some of the posts above are well intentioned, but really don't apply in WY. If the lease is month to month you need to give a months warning to raise rent or give notice to move. Wyoming id very landlord friendly, a notice to quit only requires 72 hours notice and a forcible entry and detainer must he heard not sooner than 3 nor more than 12 days from service. The 30 day living on premises has no significance in WY.
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Ashley Hodge
OP
Specialist · Cheyenne, WY · Member since 2018 · 15 posts · 2 votes
8y
@Jerry W. Thank you. I did read that in the lanlord tenant regulations. Very helpful! Thank you so much
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Rob D.
Investor · Riverside, CA · Member since 2015 · 280 posts · 111 votes
8y
In Ca. the way it works with notices is like this
If the tenant has been renting for less than 12 consecutive months you are only required to give a 30 day notice.
If the tenant has been there longer than 12 consecutive months you need to give a 60 day notice.
Most LL have tenants with a 12 month lease which means at the renewal date the6 need to give notice 30 days proper or if they continue over the 12 months then it’s 60 days.
Tenant os only required to give 30 days notice to terminate ( again this is assuming a month to month tenancy)
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