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Updated over 2 years ago on . Most recent reply

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159
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Linda Thomas
  • Rental Property Investor
  • Allentown PA
35
Votes |
159
Posts

Lease end date help to clarify please

Linda Thomas
  • Rental Property Investor
  • Allentown PA
Posted

Hello all,

I have a long term tenant for over 8 years and I no longer want her in the property- every month she is late on the rent. I have always tried to work with her when I should have not been so lenient. Lately it has gotten worse and worse like for example for Sept she hasn't paid anything yet and plans on paying half tomorrow and the other half on the 28th with the late fees. My question is this. The lease she signed when she moved in 2014 ended on December 15, 2015. I did not raise her rent for 7 years so I did not send any renewals or vacate notices (I know now bad on my part!!!! ) last year around this time I sent her a renewal or vacate with an increase of $65 (rent is still way under market rates I know don't yell at me lol) she signed and agreed to renew for another year with the increase so we did that. My question is I just noticed that I MESSED up and put the renewal letter she signed and agreed to with an expiration date of Nov 30, 2022 instead of Dec 15, 2022? since her original lease she signed when she moved in was for Dec 15? is that okay? should I be concerned about this now? would it stand up in court and which date would I use? Hope that makes sense? 

Most Popular Reply

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Bill B.#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
9,520
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7,642
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Bill B.#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
Replied

When their original lease expired they became months to month tenants, IN MOsT STATES (check your state’s laws you forgot to put your location in your profile). 

Once they became month to month their original start date ceased to matter. The same as when you had them sign a new addendum. 

If their lease expired Nov 15th, 2015. You could have them sign a 7 month lease April 1st 2020. You can’t change the rent or evict them until the current extension expires but that’s the date in the signed form, not the original lease. 

Ps. You might want to hand this off to a property manager as they probably would have paid for themselves with higher rent than their fee. You’ve been essentially paying to be a PM. Good luck. 

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