Investor · San Diego, CA · Member since 2012 · 309 posts · 18 votes
Hey guys,
we purchased a 4-plex a year ago, however the tenants did not sign a lease with us rather than they stayed on a month-to-month basis.
Since the CA law is very strict about smoke alarms, we just installed new fire alarms/carbon monoxide detectors at all units. I created an addendum for tenants for them to be familiar how often they are responsible to check the devise as well as test it and change batteries. However, since there is NO LEASE we can not attach an addendum... How do I have the tenants sign it? If I just send them a notice, in case of fire (due to tenant's negligence to test the fire alarm), there will not be proof we took all preventative steps, since there's no signature.
Suggestions?
Thanks!
I would still have a lease even if it was month to month. The wording on a lease can be modified for a month to month tenancy. Where do you outline the tenant's responsibilities, late fees, and other important/legal stuff? Get them to sign a lease and add the addendum; another option is for them to sign your addendum and you keep the sheet on file without a lease.
Instead of calling it an addendum, why not call it an Acknowledgement of Safety Precautions? Take it by in person and explain that "for all of our safety CA requires these things to be done," and you need evidence that they were done. If someone refuses to sign, document that.
I would still have a lease even if it was month to month. The wording on a lease can be modified for a month to month tenancy. Where do you outline the tenant's responsibilities, late fees, and other important/legal stuff? Get them to sign a lease and add the addendum; another option is for them to sign your addendum and you keep the sheet on file without a lease.
I would still have a lease even if it was month to month. The wording on a lease can be modified for a month to month tenancy. Where do you outline the tenant's responsibilities, late fees, and other important/legal stuff? Get them to sign a lease and add the addendum; another option is for them to sign your addendum and you keep the sheet on file without a lease.
I totally agree. In my state, a verbal lease is legal as long as it is for a one year term or less. I would never rent to anyone without a written lease. I have so much stuff in my lease about pets, mowing the lawn, not having a trampoline, not sleeping in the basement, etc. If you want to do a month to month lease, that is fine. Just make sure it's in writing.
I would sign new leases with these tenants and explain to them that a lease protects all parties. You can then add your smoke alarm verbiage to the new lease.
Leases make the attorneys job a lot easier when theres a lease prsent during an eviction. People should want SOMETHING in writing since its their living space. It protects all parties and puts guidelines and regulatios into the property. I would make a month- to- month lease and have them sign it. Also, if they have been there for over a year then I would increase their rent by $50 since they want month to month. Unless you have rent control there.