Tenant wants year lease; I want month-to-month. What do I do?

Question

Tenant is relocating from another state.
Has good enough rental history, but has a[b]large bunny. 
I have never met this tenant, as they are moving out of state. [/b]

Tenant's  new employer requires a one year lease so tenant can get relocation package from their employer.

I don't want to give a one year lease to someone I've never met, especially who has a bunny. This is a roommate/shared living situation.

How can I appease their new employer's request for a one year lease... without a one year lease? Or with some sort of 30 days notice out clause for me?

Could I make a lease, let them have a copy for their employer, then make a lease addendum that adjusts lease to month to month? Somehow it doesn't sound like I can/should do that. Can I, legally, of course? Aren't lease changes and lease addendum common? Could I put on the month to month lease that "desired move out date is: January 2013"? Tenant has made every indication that they are overjoyed to have this employer and wishes to stay here at least a year.

I don't want a year lease... I want a month to month since month to month seems to give me an upper hand.

It seems like there are many more advantages for a month to month lease for the landlord. I don't want them here (due to them not being a good tenant or shared living occupant/roommate), they're out.

If tenant is messy, bad roommate, not a good roommate match, etc... .with monthly lease, I can just give 30 days notice and they're out.

It's too close to their move-in date to likely find a new match before then. 
This tenant sounds like a good match to the other roommates... but I don't like yearly leases. I want an easy 30 days notice clause if they're not a good match or a good tenant.... especially with a large bunny.

Any advice? Ideas appreciated.

Steve L. · Answer

Just do a one year lease and make an addendum saying with 30 day written notice either party can cancel the lease. That should be fine and accomplish both goals.

Paige Abu-Nawwas · Answer

If you are sharing the space with this person then that is a whole different situation. I probably wouldn't want to give them a lease either but on the other hand, if this is a shared house and your one of the occupants I don't think you are held to the same standards as a landlord with four or more units "Not" living on the property. If someone here on this site knows differently, I would love to hear comments. You still must give 30 days notice or whatever your state requires. In Washington its a 20 day notice and it must be 20 days before the next rent is due. In Oregon its 30 days notice. Good luck to you, looks like you received a lot of great information and have a lot to think about.

Thank you for the interesting post!

Jon K. · Answer

Thanks, everyone.

The above was my concern and thoughts, Jon.

Tenant can always walk; it would be harder and more costly for me to evict. That was the concern I had in my mind.

I want an easy out. They pay late, are fitly, are hateful, or ... whatever... I can give 30 days and not have to spend time and money to evict.

I also want to give myself the option to sell the property and not have tenants transferring to a new owner with long leases (the property would NEVER sell here like that), if I ever want or need to sell the place.

This is a shared living situation, with me sharing some common spaces. 
So, I need to make sure this person is tidy, respectably quiet, and doesn't disturb other tenants much or destroy the place. There's some hardwood floors, marble fireplaces, premium carpet, furniture, bay windows, custom drapery, crown molding... a lot of things a bunny could find nasty.

My deposits are about half of one month's rent. That's about standard around here, so holding the security deposit wouldn't be a big help. Pets are very common around here, so I "have" to accept pets. I've heard mixed things about bunnies (some say they're easy, others say they eat carpet/crown molding/furniture). Neighborhood also has very strict rules about parking, noise, upkeep, etc. There's even a fine if you put the trash out too early. Also, utilities are included in rent, so... if someone is going overboard, I want an out.

Part of my being over cautious is due to a previous tenant who was deplorable, but had a year lease. Previous tenant had a dog who disturbed other tenants (barking at all hours) and who caused damage to windows. Previous tenant also caused damage themselves, and was a nasty, hateful person. At the time, I thought it would be difficult (or impossible) to evict for barking, damaging dog or them being a profane and hateful tenant. I don't want to get into an eviction situation with something that's hard to prove or evict based on. I want an easier way to get rid of a tenant, no cause needed.

Mary Hurd--

Thanks. Advertising and planning leases to go with the school year is a great idea.

I screen new tenants as well as I can, but want to make sure that they know that they keep it a pleasant, tidy, non-damaged place... or they're out. With monthly lease and 30 day out, I think I get that upper hand. I don't advertise short-term leases anymore, so I do seek out tenants who want to stay a year or more. But, I don't want to be stuck with someone a year or more.

This new tenant's landlord references checked out-- phone number matched landlord's advertised phone number and property record name. Their previous rental was a college house, older, cheaper, and with other roommates. If my property was a lower end "college house" with older cheap outdoor carpet like that, I wouldn't be as concerned. Tenant just graduated school, and that info checks out also. So does their employer info. It's more of a concern of an out if the person is a pain, filthy, a jerk, or the bunny chews up the house or contents, as there are shared areas and it's partially furnished.

Paige Abu-Nawwas-

That's reassuring that you've never seen damage from a bunny.

I've only seen it on Hoarders, or heard friend's who had bunnies eat their carpet, crown molding, furniture, and more. They say it's kept outside, but I don't trust anything until I see it.

Jon Klaus-

I'm guessing this person is probably pretty attached to their bunny. Otherwise, they seem like a good tenant... but, I've never met them. 
Out of state tenants who aren't able to see the property 1st make me nervous.

No, they nibble on baby's dreams when they're sleeping. ;)

Nathan Emmert · Answer

LOL... I was rental shopping 2 weeks ago... went to a "professionally managed" triplex.  I won't get into the overall condition (no wall sockets for power so extension cords hanging from the light fixtures) but 2 of the units had 2 pitbulls each, one of the units told us he was catching up on 3 months rent "tomorrow" (what PM lets a tenant go three months late without evicting?) and the 3rd tenant (hey, he didn't have any pitbulls, that must count for something) had his gas turned off for failing to pay the bill.

Shopping is fun...

Joel Owens · Answer

If all you have to worry about is a bunny then you have it made.

When you get into pit bulls and all that stuff then we can talk! LOL

Jon Holdman · Answer

Indeed, if they do a midnight moveout (had this happen more than once) then you keep their security deposit.

But what if they're messing the place up?  Or I suspect they're dealing drugs?

Or, like I seem to have problems, they persist in parking cars in the back yard and code enforcement sends me nasty letters.   Yes, I could go to court and try to evict on that basis.  I'd probably even win.  At the cost of $300 and several weeks.

With a month to month, I give notice per my lease the lease is being terminated.  For me, that's 10 days before the rent is due (per lease and verified by my lawyer as legal.)  So anytime up to the 20th I can give them notice.  Now, if they stick around and I have to evict, the reason for eviction is that they have refused to leave after the lease was terminated.  I don't have to get into why.  If I was tired of the cars in the back yard or thought they were dealing drugs or was just tired of slow payments, doesn't matter.

With a long term lease, its me that's locked in, not the tenant.

Nathan Emmert · Answer

In my state, breaking the lease gives me access to their security deposit.  Sure, they can leave, they simply forfeit that money.  Make the deposits large enough and it's painful for them.

As to the bunny... does it have fangs??!!!

James H. · Answer

I would tell them that the bunny is okay as long as its not a vicious bunny :P.

Jon Holdman · Answer

A lease is useless.  If the tenant wants to leave, they will leave.  The lease does nothing to bind many tenants.  Yes, there are some you could track down and get money from if they bail out on your or do damage, but they are the exception.   The only person bound by a lease is the landlord.  No matter how quick and easy it is to do evictions, its not as easy as terminating a month to month tenancy.  If they refuse to leave, then you have strong grounds for an eviction.  Try evicting someone because they're bunny poops on the carpet.  No chance of that succeeding.  But refusing to leave after you've terminated the month-to-month tenancy?  That will fly.

Paige Abu-Nawwas · Answer

This is so funny I have to comment. I too don't understand why a landlord would not want someone on a lease unless you live in a state that makes it too expensive to do an eviction or something. In the State of Oregon it is time consuming but it doesn't take too long and you need to have a good reason to evict, not just "I don't like bunnies" but if its doing damage or they are not keeping up with rent etc... Do they keep the bunny outside in a cage? Bunny poo is great fertilizer. I have never ever seen damages from a bunny. Cats can be a problem, dogs too but if the people are responsible with their pets you don't want to exclude pet people. Also the comment about periodic inspections is a great idea. Can they provide references from where they are now with the bunny? What State are you in?

Tenant wants year lease; I want month-to-month. What do I do?

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