Rental Increase Letter

[ToRena Webb-Thomas]

I have a tenant I inherited in Dec 2015. I was told their rent included parking and storage in the basement. I wasn't given any copy of the lease and he wouldn't sign a new lease or TAW agreement for our Property Management. I want to raise the rent because they are paying the least for the biggest unit, a storage room in the basement and parking. No other tenants have access to the basement. Rent hasn't been raised since I purchased in 2015 and I'm sure for some time before that. Do I list in the Rental Increase letter "All terms from the previous rental agreement will remain in effect" if I have never seen such lease or terms? I want to send out the letter now for rental increase as of Jan1. Are there any other clauses to include? Thoughts?

[Karen Rittenhouse]

Nope. If they don't have a contract, they're month-to-month tenants. You can send them a new contract and give them the opportunity to sign or move. If they don't sign and return the new contract, begin the eviction process and get a new tenant with the rent you want.

The tenant is not in control here, you as the owner have control. Sounds like you need to take control back as the "he wouldn't sign a new lease" is not a correct statement. The tenant doesn't have a choice legally. 

If the tenant had a contract when you purchased the property, you are legally required to abide by the terms of the contract. He didn't, so he was immediatly under month-to-month terms only and any contract he would have signed originally would have expired long ago anyway.

You're a landlord; it's up to you to know and follow the laws.

Your new contract can include any terms you want. "All terms from the previous contract" is only something you use if you're renewing your old contract with a tenant. You're starting from scratch with this one and I can't believe you waited 3 years to get this ball rolling!

Good luck to you.