Rules and Regulations Addendum for Existing Tenants
I'd like to have all my existing tenants sign a Rules and Regulations addendum.
Some will not be happy with some of the new rules, especially the no use of fireplace.
Are tenants obliged to sign this addendum? How do you handle tenants that don't want to sign it?
Hi Davide,
I always have them sign several addendum's; mold, maintenance, HOA or condo rules and regulations etc... That way if a problem arises, you can point out the signed addendum that was signed on XXX date.
#3 Managing Your Property Contributor
Originally posted by @Davide Formica:I'd like to have all my existing tenants sign a Rules and Regulations addendum.
Some will not be happy with some of the new rules, especially the no use of fireplace.
Are tenants obliged to sign this addendum? How do you handle tenants that don't want to sign it?
They have a current lease, so you may need to wait until the lease is up for renewal.
OK. Two completely different opinions. I'm looking forward to a few more so we can have a consensus.
@Davide Formica you really can’t force a tenant in an existing lease to sign an addendum.
So you either need to make it so they want to (incentives?) or wait until the end of the lease and give them a choice for either this new lease or move out.
Originally posted by @Mike McCarthy:@Davide Formica you really can’t force a tenant in an existing lease to sign an addendum.
So you either need to make it so they want to (incentives?) or wait until the end of the lease and give them a choice for either this new lease or move out.
I agree with this. If the tenants are in the middle of a lease, you can ask them to voluntarily sign the addendum, but they don't have to.
If they are month-to-month, you have to give them an appropriate notice for the addendum, but they don't necessarily need to sign it. Depending on your jurisdiction, usually it's a 30-Day Notice of the new rules/addendum.
If they comply, great. If not or express that they won't, then you can serve them with a Notice to Vacate or...if after the timeframe is up for the new addendum...a Cure or Quit notice if they are still using the fireplace.
Though, for fireplaces, I wouldn't even get into all that. I think most of them have a "shut off" control/key. Once they've signed the addendum and/or I can legally require them to stop using the fireplace, I'd just serve a maintenance notice that myself/handperson will be entering the unit on X date to shut the fireplace's operability off. And if the fireplace is a dealbreaker for the tenant, then they can give me a 30 Day notice they are moving.