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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2618
Experience:  Helping you with your legal questions.
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My husband and I recently purchased a duplex from our

Customer Question

My husband and I recently purchased a duplex from our landlord. The other tenants are on a month to month (lease expried way back in 1997!) I am wanting to do away with month to month and have them sign a 12 month lease. Can I change things in their prior lease? Like Pet deposit to a Pet fee?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 10 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 10 months ago.

Yes. If the tenants are on month to month, you can offer a 12 month lease on different terms because you can give notice that you are not renewing the month to month tenancy and give the option to sign the new lease. We can continue to discuss.

Customer: replied 10 months ago.
What is required to notify them of the change of terms? We have already provided notice of a rent increase in which case we stated that they would receive a new 12 month lease 30 days before the rent increase. Is this enough notice?
Expert:  Damien Bosco replied 10 months ago.

Yes. Thirty days is enough notice. You also would include the month to month tenancy is terminated and a 12 month lease is required to remain, and if not, the tenant must vacate. We can continue to discuss if you want to do so.

Customer: replied 10 months ago.
This is what was sent to them. Is that enough information or do I need to send another one? Can I send it with the new lease? I guess Im just worried about the time frame. December 1st will be the latest I can send the lease with the new termsThis letter serves as your 60 days notice that there will be an increase in your rent beginning January 1, 2017. On that date, your rent will increase to $1200 per month. You will be sent a new 12 month lease 30 days beforehand. You will need to sign and return the lease to the address above. If you have any questions, please do not hesitate to contact me.
Expert:  Damien Bosco replied 10 months ago.

The notice would have been better if you mentioned that they must vacate the premises if they choose not to sign the lease. But when you send the lease, you can included a cover letter to that effect, which would be fine since it is a 30 day notice. We can continue to discuss if you want to do so.

Customer: replied 10 months ago.
Ok
Expert:  Damien Bosco replied 10 months ago.

If you need anything else, let me know. I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating for that service I provided to you. If the answer was especially helpful you can provide a bonus too! Best regards.

Customer: replied 10 months ago.
How does this sound? I feel it sounds a bit harsh....is there another way I could word things?
This letter serves as your 30 days notice that the current month to month tenancy is terminated and you will be issued a new 12 month lease effective January 1, 2017. On that date, your rent will increase to $1200 per month You will need to sign and return the lease to the address above no later than December 31, 2017. If you do not wish to sign a new lease you must vacate the premises by January 1,2017.
Customer: replied 10 months ago.
typo it would be December 31, 2016
Expert:  Damien Bosco replied 10 months ago.

You could add that you would like them to stay to assuage the issues.

Customer: replied 10 months ago.
Do I need to state all the changes to them in this letter or just in the new lease?
Expert:  Damien Bosco replied 10 months ago.

Just the lease.

Expert:  Damien Bosco replied 9 months ago.

Hello Amanda: I am following up to see if you still need further help. If so, please let me know. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars so you can pay me for the service I provided to you. Best regards.