Amending a one year lease to a two year lease

Amending a one year lease to a two year lease

Member since 2019 · 71 posts · 14 votes

Hi everyone. 

I have two questions: 

1) I asked on this platform before about disputing a condo building lease fee which was $500 per lease. I was hoping to get other owners to join me in protest but no one seems interested. 

I originally understood it to be per year but it is per lease. I signed a year lease with the tenant already and the management suggested that i extend the lease to a two year. I am a bit uncomfortable with it (the tenant is good so far will be his 3rd yr this year but you never know) but thought it can work if I can offer to release him in a year if he chooses.

How do I amend the lease? How does asking him a year early would work if he or i wanted? 

2) The unit which is a studio has a small bathroom which has a small ventilation from the building. (high rise condo) The vent does not work and as a result humidity damaged the ceiling. The super came and said it is because of the wrong paint used not the vent. They asked $250 to paint the ceiling with the good paint. I contacted the management and asked when the ventilation will be fixed. They did not answer this nor owned up to it and insisted its the paint but suggested they can pay the $250 now and if in a year the ceiling is damaged again i can pay them back? I think they need to eat this and also fix the ventilation system. Am i wrong ? 

Thank you !!

 

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Rental Property Investor · Malvern, PA · Member since 2016 · 1k+ posts · 937 votes
1y

I think most of what you are asking is impossible for anyone here to reliably answer without more information and you should probably consult an attorney if you think it is worth it. You are disputing a condo agreement we do not have and we know nothing of your paint and vent beyond what you say.

Regarding amending the lease, it can be a simple document you and your tenant sign stating that you are amending the term of the lease to be 2 years, and the tenant has an option to terminate the lease at 1 year.

Regarding the bathroom, if it has a tub or shower and no other ventilation, I would go with the vent fan as the root cause. If the existing ceiling paint is damaged, the ceiling must be scraped, repaired and painted. Obviously, they should use the correct type of paint when they do it. I think you are both right: fix the vent fan and paint.

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  • Rental Property Investor · Malvern, PA · Member since 2016 · 1k+ posts · 937 votes
    1y

    I think most of what you are asking is impossible for anyone here to reliably answer without more information and you should probably consult an attorney if you think it is worth it. You are disputing a condo agreement we do not have and we know nothing of your paint and vent beyond what you say.

    Regarding amending the lease, it can be a simple document you and your tenant sign stating that you are amending the term of the lease to be 2 years, and the tenant has an option to terminate the lease at 1 year.

    Regarding the bathroom, if it has a tub or shower and no other ventilation, I would go with the vent fan as the root cause. If the existing ceiling paint is damaged, the ceiling must be scraped, repaired and painted. Obviously, they should use the correct type of paint when they do it. I think you are both right: fix the vent fan and paint.

  • Member since 2019 · 71 posts · 14 votes
    1y
    Quote from @James Mc Ree:

    I think most of what you are asking is impossible for anyone here to reliably answer without more information and you should probably consult an attorney if you think it is worth it. You are disputing a condo agreement we do not have and we know nothing of your paint and vent beyond what you say.

    Regarding amending the lease, it can be a simple document you and your tenant sign stating that you are amending the term of the lease to be 2 years, and the tenant has an option to terminate the lease at 1 year.

    Regarding the bathroom, if it has a tub or shower and no other ventilation, I would go with the vent fan as the root cause. If the existing ceiling paint is damaged, the ceiling must be scraped, repaired and painted. Obviously, they should use the correct type of paint when they do it. I think you are both right: fix the vent fan and paint.

     Hi, this is a high rise condo and the building is responsible for the ventilation system which is not working, not only in my unit (bathroom & kitchen) but in the entire building. (Everyone complains that they can smell each other's food and smoke and  in each other's apartments ) The building is in Northern Jersey where I believe the building is responsible to provide ventilation by law.  So that's that. They were the ones who painted the ceiling before so whatever paint they used only they know (they = super (building maintenance) and if it was painted with the "wrong" paint then I suppose it's also their fault and they should be responsible for painting with the "right" paint. They already scraped and painted it but management tried to charge $250 for doing so, which i argued stating the cause of the damage was the lack of ventilation. I have a great attorney but he never asks for money for small questions and I feel bad so trying to see if i can figure this out on my own first. 

    Thank you for your feedback & regarding the lease sounds good ! 

  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    1y

    1) You would just write an addendum stating that the lease is extended to whatever date and everything else remains the same. Addendums a very typical in real estate and I have written hundreds, if not thousands.

    2) Good luck winning that fight... I never buy condos for this exact reason, having someone else control my investment.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    1y

    You could just let the tenant continue renting on a month-to-month basis. 

    "Upon termination of this lease, tenant shall continue renting on a monthly basis until either party serves the other with a 30-day Notice in writing."

    I think you should sell and get out of this mess. The HOA is only going to get worse.

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