Help! Tenant will not sign lease!

Mesquite, TX · Member since 2015 · 4 posts · 1 vote

ok so we purchased a duplex about 2 months ago and the tenant has paid on time no problem. But when we have asked her to sign a lease with us she refuses to sign not even a month to month lease. WhatLast owners had only a verbal month to month. We raised her rent and only way we did that was through text. Not very professional but we can't get a hold of tenant any other way. What can we do to get them to sign?

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Jeff Rabinowitz

Investor/Landlord · Farmington Hills, MI · Member since 2011 · 1k+ posts · 1k+ votes

10y

@Ofelia Flores welcome to BP. You can't force the tenant to sign a lease. You can try to convince them to, perhaps tell them that it will lock in the rent for a while. You have the option of terminating the tenancy if you give proper notice. The tenant's refusal to communicate the way you wish is cause for concern. If the tenant is paying on time and taking care of the property the decision to terminate the tenancy is more difficult. Best wishes.

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Jeff Rabinowitz
Investor/Landlord · Farmington Hills, MI · Member since 2011 · 1k+ posts · 1k+ votes
10y
@Ofelia Flores welcome to BP. You can't force the tenant to sign a lease. You can try to convince them to, perhaps tell them that it will lock in the rent for a while. You have the option of terminating the tenancy if you give proper notice. The tenant's refusal to communicate the way you wish is cause for concern. If the tenant is paying on time and taking care of the property the decision to terminate the tenancy is more difficult. Best wishes.
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John Arendsen
Homeowner · VISTA, CA · Member since 2015 · 727 posts · 340 votes
10y
Not sure about the laws in Texas but in California if there's no rent control you can legally raise the rent by posting a 90 day notice. If she's going to be difficult just keep raising the rent until she comes around. Offer her a rental incentive with a one year lease that will adjust the rent to a level that's comfortable and reasonable to both of you.
All that stated, however, if as @Ofelia Flores has suggested, she is a good tenant who pays her rent on time and takes care of the property why kick a gift horse in the teeth. You don't need to start a negative relationship and come across as the heavy handed evil landlord.
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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
10y
It depends on the nature of the tenant. Since you inherited this tenant, and if they are not doing anything you don't want done in the place that was permitted previously (indoor smoking, pets, etc), and paying on time, then consider it a gift - you have all kinds of leverage for raising the rent or booting them out without the lease. The value of a written lease is as much for the tenant as it is for the landlord, as it prevents you from booting them for no good reason or for raising the rent during the terms of the lease (unless written into the lease that you can, and even that is often governed by state laws). Not having a lease with a tenant that has a good track record is actually to your benefit, since you can charge more money or send them packing relatively easily.
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Virginia H.
Investor · Mobile, AL · Member since 2015 · 66 posts · 21 votes
10y
I would be knocking on the tenants door wth a lease in one hand and a letter of non-renewal in the other. Either a new lease would be signed or the tenant would be gone.
As owner/landlord it is imperative you legally protect yourself and your property.
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Franklin Romine
Visalia-Fresno, CA · Member since 2009 · 1k+ posts · 863 votes
10y
Bottom-line with or without a lease we need communication with the tenant. Build a rapport with tenant. I never go in to a property as authority, I'm not saying you are either. I'm simply a guy managing property. Bob Proctor talks a lot about how we should look from within to change how people react to us.
Inheriting tenants is a roller coaster ride. I still have a few properties with tenants I inherited and never signed a new lease. I have the lease with the old owner but nothing signed with me.
Frank
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Fred Heller
Real Estate Agent/Property Management · Houston, TX · Member since 2014 · 1k+ posts · 827 votes
10y
Agree with the others. You can't make the tenant sign a new lease if they have established a month-to-month tenancy with the previous owner. But you can also terminate the tenancy with at least 30 days notice if you wish.
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Andy Luick
Real Estate Investor · atlanta, GA · Member since 2013 · 456 posts · 237 votes
10y
You can always have an oral lease if it's for a year or less. It looks like TX requires a 30-day notice from either party with an oral lease....if you want to terminate the lease. In GA, it's 60 days for landlord to give notice but only 30 for tenant. Is she paying the rent timely....or what's the issue aside from you wanting her on a lease? If she is paying and a decent tenant, I'd be inclined to keep her. How long has she lived there? I have renters who have stayed on month-to-month for a couple of years after the lease reverted to that from a 6 month term. If I end up with several in a house all month-to-month, I will usually give one of them 30 days notice to terminate with an option to resign for another 6 month term...usually at the same rate. We communicate with most of our tenants and explain to them upfront that we might be forced to push them back to a 6-month term later down the road.
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Ofelia Flores
OP
Mesquite, TX · Member since 2015 · 4 posts · 1 vote
10y
I have never seen the duplex on her side and i have asked if there is anything she would need to be remodeled since she has been on the property for over 10yrs. I have only an old lease from old owners from 2005. I have nothing else from her and she has nothing on from us. I would think she would want to know who she is paying her rent to. She has denied every effort for us to meet and that is a bit concerning. I would like to keep her and all i am asking if she would like to continue month to month that i have no issue with just i would like something to protect myself and the property. She only communicates with me by text and when i do mention anything about a lease she threatens with giving me a 30day notice. Which if i knew when i would receive it would be great but I am at a guessing game at this point. Thanks for all the good advise. I will keep the tenant around till its time
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Curtis BidwellPro Member
Rental Property Investor · Olympia, WA · Member since 2014 · 781 posts · 744 votes
10y
You should be able to give a 30 day notice to change the terms of your agreement. She doesn't have to sign them, just receive them. So you may want to send it certified or through a personal service agency. If she doesn't like the new terms she will giver her termination notice.
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Matt Clark
Roanoke, VA · Member since 2014 · 404 posts · 203 votes
10y
A tenant without a written lease is a huge can of worms. Tell her she cannot stay without signing a lease. In VA we post communications of such importance on the "main door of the residence" but you should check your own state's laws. Give her a deadline, and if she doesn't comply begin the eviction process that day. Otherwise she will continue to control YOUR property like she is doing now.
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Greg H.Pro Member
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Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
10y
the lease from 2005 unless indicated renews on a month to month basis. Keep in mind at this point you are bound by the terms of that lease. You can change the terms with a 30 day notice. You can deliver in person or send by certified mail. Do you have her application ? I would suggest getting her information as you will need it to file an eviction if that becomes necessary.
I am a believer in face to face contact to introduce yourself as it may help to break the ice
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Jerry W.Pro Member
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Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
10y
@Ofelia Flores Welcome to BP. Be sure to read through the Learn section above it is loaded with great information. You can also set key word alerts for topics or areas of interest like "landlord" or "Mesquite". As to your new tenant it comes down to a judgement call. You might ask the prior owner how she was as a tenant. If she was always on time and takes care of the place then there are good reasons to keep her happy. If the tenant is ma problem tenant then maybe you need to push the issue. There are a lot of reasons why folks do not want to sign a lease, many of which are a dislike for legal things they are afraid will take advantage of them. If she agreed to the rent increase and is paying it, that is a plus. One thing though you probably need to see the inside of that unit if you have not already done so. You need to know if there is an inherently dangerous situation like bare wires or broken windows or even a bad water leak. Anyway good luck.
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Scott Weaner
Rental Property Investor · Yardley, PA · Member since 2008 · 1k+ posts · 561 votes
10y
@Ofelia Flores you have never seen her unit? Why would you buy a home without seeing it completely?
Maybe she doesn't want you to see her meth lab!
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Ofelia Flores
OP
Mesquite, TX · Member since 2015 · 4 posts · 1 vote
10y
We purchased the property when we were out of state and only saw pictures from our realtor and inspector so we have an idea of the condition it's in. And if the tenant has a meth lab then we have a huge issue to resolve lol. But I will continue to try and to get in contact with them
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Ofelia Flores
OP
Mesquite, TX · Member since 2015 · 4 posts · 1 vote
10y
Originally posted by @Greg H.:

the lease from 2005 unless indicated renews on a month to month basis. Keep in mind at this point you are bound by the terms of that lease. You can change the terms with a 30 day notice. You can deliver in person or send by certified mail. Do you have her application ? I would suggest getting her information as you will need it to file an eviction if that becomes necessary.
I am a believer in face to face contact to introduce yourself as it may help to break the ice
I have the lease from 2005 but application for what? And I would love to meet them also
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Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
10y
@Ofelia Flores
The lease application would contain the buyer's information such as DL#, SS# and birth date as well as where they work and people to contact in case of emergency but those likely will have changed in 10 years
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John Dirgo Deweese
Real Estate Broker · Aberdeen, WA · Member since 2015 · 101 posts · 74 votes
10y
I may be a jerk but I would call her bluff on the "if you try to force me onto a lease, I'll give 30 days notice". Respond with 'great - so this is your 30 day notice?'

Other than meth lab (a valid concern), my thought was 'hoarder'. There's a reason she doesn't want you in there - which is, to me, all the more reason to want to get in.
You do have a security deposit, don't you? I have an unpleasant feeling you may be needing it.
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Doug H.
Rental Property Investor · San Diego, CA · Member since 2015 · 96 posts · 59 votes
10y
I think the biggest issue is the Resident/Tenant avoiding contact with such intensity. That's really odd, and you need to find out why. The answer could range from neurosis to illegal sublet to who knows what. I would start by posting a notice of inspection in line with local real estate law then go into the unit and see what is up. Odds are, the resident will respond to that in some way. You are allowed reasonable access to repair and maintain the property with due notice.
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Daren H.
Real Estate Investor · Desoto, TX · Member since 2013 · 560 posts · 528 votes
10y
Why in the heck would you want to keep a tenant who will not do something as basic as sign a lease to live in leased housing? In my opinion, being a good tenant is more than paying rent on time. A tenant can pay rent on time but cause all types of other problems and headache. There will likely be something else they do not want to do that is in your rule book and they will probably not do it.
I had a somewhat similar situation. I bought a house from a client of my PM. The tenants lease term ended (making her month to month) a month after my purchase. She received my new 1 year lease with my specific landlords rules addendum. Well, she didn't like my rules and would not sign the lease. I asked for her to identify her heartburn but she didn't like any of my rules. My message was simple through my PM, you sign the lease and follow the rules or be prepared to move after this 30 day notice you are going to get. If she was not going to follow my rules, that is not a tenant relationship I need. There is other money out there just like she found another house. A win-win in my opinion. Sometimes people are better off not being together :)
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Patrick Connell
REALTOR® · Bastrop, TX · Member since 2013 · 324 posts · 191 votes
10y
Welcome to land-lording in Texas; a much better place to be a landlord than other parts of the country. Text or call her and tell her the following day you'll be making entry to inspect the unit; she doesn't have to like it, but she can't stop you. If you find things you don't like or she does try to physically stop you, issue her a 30 day notice to get out and follow through. Doesn't take that long to evict someone in Texas, relatively cheap, and as long as you're documentation is in line you'll be good. I agree that simply keeping the place neat and paying on time makes her a good tenant. A written lease is the only way to go and the only way to really protect yourself and your investment. Land-lording is a business and should be treated as such.
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Robert T.
Investor · Houston, TX · Member since 2015 · 76 posts · 12 votes
10y
A lease is definitely needed to cover yourself and in fact the tenant paradoxically.. You could tell them that the property is in the open market now and if the lease is not signed, someone else who signs it will get to move in and they have to move out!
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Jason Eyerly
Real Estate Agent · Charleston, SC · Member since 2013 · 424 posts · 99 votes
10y
Post a 24 hour notice of entry and inspection and check the place out. Then make the lease or no lease decision. If you want, give thirty day notice and on day thirty start the eviction if she's not already gone.
I'm an avid poker player. Call her Bluff, you have the better hand here. If she leaves, so be it. There's always someone looking to rent a place. She's not the world's only tenant.
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