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Updated 12 months ago on . Most recent reply
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Steps to take as Lease is expiring?
As a newer landlord here in San Diego, I'd like to get inputs on everyone's procedural steps they take, as a tenant's lease is set to expire. One of my tenants 1-year lease is set to expire on March 31s, 2024. It's the common AOA Rental Lease Agreement form from the previous owner. I reached out to the tenant via text message on Feb 1st, to ask if they would like to renew their lease for another year, or if they plan to move out. Again, I inherited this tenant from the sale, but they have always paid a day early, seem to keep the unit and area tidy, and don't really complain much. So I'd like them to stay, I plan to keep the rent the same, as it's already at market rent. So I think I have a few questions below, for each scenario that comes to mind
1. The lease reads that they need to provide 30 days written notice to terminate. So I believe the tenant needs to let me know what they plan to do within 30 days of lease expiring?
2. If they plan to renew, I plan write up a whole new lease of my own. I think this is pretty straight forward. Any other forms needed?
3. If they are unsure still what their plans are, the lease states it will automictically move to month to month. Is there anything else I need to do here or forms needed to be completed?
4. If they plan to move out, I believe they need to sign a 30-day notice of intent to vacate, correct?
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Quote from @Mike Hsiao:
As a newer landlord here in San Diego, I'd like to get inputs on everyone's procedural steps they take, as a tenant's lease is set to expire. One of my tenants 1-year lease is set to expire on March 31s, 2024. It's the common AOA Rental Lease Agreement form from the previous owner. I reached out to the tenant via text message on Feb 1st, to ask if they would like to renew their lease for another year, or if they plan to move out. Again, I inherited this tenant from the sale, but they have always paid a day early, seem to keep the unit and area tidy, and don't really complain much. So I'd like them to stay, I plan to keep the rent the same, as it's already at market rent. So I think I have a few questions below, for each scenario that comes to mind
1. The lease reads that they need to provide 30 days written notice to terminate. So I believe the tenant needs to let me know what they plan to do within 30 days of lease expiring?
2. If they plan to renew, I plan write up a whole new lease of my own. I think this is pretty straight forward. Any other forms needed?
3. If they are unsure still what their plans are, the lease states it will automictically move to month to month. Is there anything else I need to do here or forms needed to be completed?
4. If they plan to move out, I believe they need to sign a 30-day notice of intent to vacate, correct?
Hi there. I'm a property manager in San Diego, so I can help with California tenant laws.
1. They don't have to let you know within 30 days of lease expiring, because it will automatically go month to month, if you don't renew it with them. They just need to let you know 30 days before moving out.
2. If you plan to have them sign a new lease, no other forms are needed. But make sure you have a really good, detailed lease. I have found that standard forms are not detailed enough for me.
3. No other forms need to be completed for it to just go month to month. BUT, even if they aren't sure of their plans, it is best to have them sign a new month to month lease. That way, you can get those details you need in there.
4. They should give you 30 days notice of intent to vacate. It doesn't have to be an official form. It can be an email or text.
I would sit down with the tenant and talk about his/her plans and go from there. After your conversation, things will be a lot easier to navigate.
Hope this helps!