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Updated 4 days ago on . Most recent reply

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Daniela Damjanoski
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Acquiring Tenants and Need Guidance on How to Best Handle

Daniela Damjanoski
Posted

I just purchased a property that has two homes in San Diego, CA. We will be living in one and the other one is already rented out. There are tenants in there that have been on a month-to-month lease as they sellers knew that they would be selling. What do I need to do to get them on a lease? Can it be a short-term lease (i.e., 3 months)? Also, what if I wanted to give them notice. Is it 60 days and how do I go about doing that? Do I need to hire a lawyer to give them notice or to create a new lease for me. Any guidance and advice is appreciated.

  • Daniela Damjanoski
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    Dan H.
    #2 General Landlording & Rental Properties Contributor
    • Investor
    • Poway, CA
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    Dan H.
    #2 General Landlording & Rental Properties Contributor
    • Investor
    • Poway, CA
    Replied
    Quote from @Brianna Billings:

    @Dan H. Thanks for that catch! That's good to know regarding the timeline of the purchase and the tenants occupying the space. Question - can the new lease be completely new in regards to the total or does it stil have to abide by the rent increase limits? Also can she put a new security deposit requirement in? 

     There cannot be a substantial change of the lease terms.   I do not consider increasing the security deposit in line with deposit rules (deposit same as rent) to be a change of lease terms.  So it is my view that the deposit can be raised to equal the rent at each rent increase.

    @Daniela Damjanoski are you familiar with the deposit rules?  Going forward you need pictures both before and after to charge from the deposit.   I do not believe the before pictures applies in your case because your tenant occupancy precedes the law (who would have pictures of everything before a law dictated you must have pictures?).  However, how do you know the damage was not present at tenant move-in?   Unless the current landlord has pictures that they provide to you, you likely will not be able to collect for any damage that precedes your acquisition.  You have 17 days to provide the tenant the accounting, photos, and their remaining deposit.

    Make sure you know the landlord/tenant rules or hire a pm that knows the rules.

    Good luck

  • Dan H.
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