Tenants say lease does not apply and won't sign.

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John Clark
Member since 2018 · 1k+ posts · 1k+ votes
2y
Quote from @Account Closed:

The lease is a month to month agreement used from the california apartment association. The tenants are saying it does not apply to single family homes like the one i am renting. Or single family dwellings. 

Evict on the terms of your existing month to month oral lease.
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  • Matt Devincenzo
    Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    2y

    Then don't rent to them. Seems simple if they don't want to sign, then this tells you the problems you're likely to face in the future. 

    0Reply
  • Account Closed
    OP
    DFW · Member since 2020 · 62 posts · 27 votes
    2y
    Quote from @Matt Devincenzo:

    Then don't rent to them. Seems simple if they don't want to sign, then this tells you the problems you're likely to face in the future. 

    They’re existing tenants that have stayed for two years. 
    0Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    2y

    Well is what the tenants saying is true? Did you read the lease?

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  • Account Closed
    OP
    DFW · Member since 2020 · 62 posts · 27 votes
    2y
    Quote from @Russell Brazil:

    Well is what the tenants saying is true? Did you read the lease?


    I don't see anything on the lease that would exclude a SFH. They are saying because it is a lease from the apartment association group, it does not apply. The lease is general and has a title that says month to month lease agreement.

    0Reply
  • Adam Laurenzo
    Member since 2018 · 39 posts · 16 votes
    2y
    Quote from @Account Closed:
    Quote from @Matt Devincenzo:

    Then don't rent to them. Seems simple if they don't want to sign, then this tells you the problems you're likely to face in the future. 

    They’re existing tenants that have stayed for two years. 

     Without a lease?

    0Reply
  • Jon Schwartz
    Realtor · Los Angeles, CA · Member since 2018 · 952 posts · 1k+ votes
    2y
    Quote from @Account Closed:

    The lease is a month to month agreement used from the california apartment association. The tenants are saying it does not apply to single family homes like the one i am renting. Or single family dwellings. 

    Since you’re in CA, there’s already an implied month-to-month lease in place. You don’t specifically need to sign a new agreement. 
    0Reply
  • John Clark
    Member since 2018 · 1k+ posts · 1k+ votes
    2y
    Quote from @Account Closed:

    The lease is a month to month agreement used from the california apartment association. The tenants are saying it does not apply to single family homes like the one i am renting. Or single family dwellings. 

    Evict on the terms of your existing month to month oral lease.
    1Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    2y

    Refusal to sign a new lease is one of the grounds for evicting tenants in CA.

    1Reply
  • Account Closed
    OP
    DFW · Member since 2020 · 62 posts · 27 votes
    2y

    Update: I spoke with CAA and an attorney and they said the lease is perfectly fine to use for single family homes. Tenants were informed. Thank you everyone for the help!

    1Reply
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