Leases and Interest on Deposit

Leases and Interest on Deposit

Member since 2018 · 8 posts · 0 votes

I just acquired a 4 plex and I am wondering if I am able to terminate current leases and have tenants sign a new one with my terms? I was looking up the laws and it says there is no statute for that in my state. Does that mean I can do whatever I want? Or is there a federal law pertaining to the sale of a property and leases? I have read that the leases go with the sale of the property, but I really hate one of the leases and I am looking for any loophole I can to change it. Can I make an addendum or something? Her current lease states that she gets $100 off rent to mow the lawn and shovel the walks in the winter, but I don't need that done. I will be living on the premises and will do that myself.

I am also wondering about paying interest on security deposits? It says there is no statute for that either, but I think there is a federal law that states I must pay interest on deposits older than a year? How much interest do I have to pay? I have read a lot on it, but I am getting conflicting information, so I am confused. I have a couple tenants who's leases are up next month and I don't know how much interest I am supposed to give because I don't know how long they have been there. Or do I just go off of when I acquired the deposit? The previous landlords weren't very good at record keeping and it has already been a pain. 

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  • Tracy StreichPro Member
    Real Estate Broker · Tulsa- OKC Oklahoma · Member since 2017 · 868 posts · 801 votes
    7y

    Jessica, 

    Not sure which state you are in so the deposit questions is hard to answer.  Some states require that you give the deposit back plus interest and some do not.   In OK we do not have to pay any interest to the tenant on a deposit.  

    In regards to the lease.   I find that most tenants are really concerned with a few main things on the lease.   Rent amount, lease term, late fees and security deposit.   When we get a new tenant I approach them with the same lease lease terms.   I tell them I need everyone on the same base document to avoid confusion between the homes we manage.   We keep the end date the same as well as the fees.   Then all of the small print lines up for us across all of our homes.   

    Good Luck

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    @Jessica Flack If these are indeed leases, you dont get to change the terms until the lease period is expired.  They are legal agreements and go with the property.  

    As for deposits,  I cant tell you much as I am not sure what state you are in, but AFAIK there is no federal law about interest and deposits.  Be prepared however, to return the deposits in full as you will have no way of knowing the condition of the units when the tenants rented them. It just makes the process a lot easier. 

    If I may suggest you seek out your local Rental Owners Organization and attend one of their landlord bootcamp trainings I think you will find it to be super helpful - I credit the one I went to to setting me up for success!

  • Member since 2018 · 8 posts · 0 votes
    7y

    How would I go about finding my rental owners organization?

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