1 year lease with option to cancel on 30 days notice?

Question

Michael Jones · Answer

If you and the tenant can cancel with a 30 day notice you can make that lease for a century but it is actually just a month to month lease.

Corby Goade · Answer

You could, as stated above, just have a month to month lease. However, it sounds like you should spend some time and energy reviewing your screening and move in processes. That should solve your problem. A month to month lease is a defensive move, you should put yourself in a position where you are not operating in that mode.

Thomas S. · Answer

The lease you are proposing would be a violation of state landlord tenant regulations and will not hold up in court. State codes trump lease agreements.

M2M are the best option for leases giving the landlord full control over their investment. Term leases put tenant in control of property and are the primary reason landlords are forced to do evictions.

Nathan Gesner · Answer

@Alan Bosca Let me see if I can explain it a little more clearly.

When a tenant is under a one-year lease, you can't make changes to it without both parties agreeing. If you say it's a one-year lease then you contradict yourself by saying either party can give 30 days notice. I doubt that would fly in court, particularly in a liberal state like California.

What you want is a month-to-month lease. You can't have "stability" of a long lease and the "freedom" to get rid of the tenant easily. Choose which is more important.

Chad Hale · Answer

Write it as a month to month lease.  What most/a lot of tenants are concerned about is a rent increase within the first year.  So include an addendum specifying no rent increases for 12 months.

Dan Maciejewski · Answer

Since that's just a month-to-month lease, I would just write it that way -- there's no security of having a year lease if there's no penalty to cancel.

Andrew B. · Answer

Its essentially a month to month lease with a 12 month rent guarantee at that point.

Alan Bosca · Answer

Got you - but it sounds like it can be done.

1 year lease with option to cancel on 30 days notice?

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