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Updated over 5 years ago on . Most recent reply

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15
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Mary A.
  • Texas
4
Votes |
15
Posts

Rent pd w/o returning Lease renewal - advice on nest step?

Mary A.
  • Texas
Posted

As a relatively new Landlord managing my own property (15 units in Texas), I have several inherited Tenants on TAA Leases (I am not a member), that I am now updating.  I carefully reviewed the existing Leases and gave the appropriate notice.  Also gave a copy of the new Lease for review 2 weeks ago, along with another letter.  Both letters contained polite and professional text that stated that if they wished to renew their Lease to sign and return before Oct 31st (new Lease and rent increase to take effect on Nov. 1st), or if they did not elect to remain a resident to give the notice of move-out as agreed to in their present Lease.  In other words, I gave them two options.  Now, one PITA inherited Tenant has chosen a third option.  She dropped her rent check due Nov. 1st (with the rent increase included) without returning the signed Lease.  My first instinct is to return her rent check to her by registered mail (so she will have to sign and prove she received the letter) and also a copy of the same letter slipped through her front door:

"Dear Ms. X:

You received notice of upcoming Lease renewal on September 26, 2019. You received a copy of your Lease renewal on October 21, 2019, along with a letter requesting that if you wished to renew your Lease, to sign and return to the Landlord by October 31, 2019. Alternatively, if you do not wish to renew your Lease, the accompanying letter requested that you give the notice of move-out as required by your current Lease. Neither a signed copy of your Lease renewal, or a notice of move-out has been received by the Landlord.

Your rent check for the month of November was received today. It is being returned to you herewith. Your rent for November can only be accepted when accompanied by the Lease renewal copy you received that has been appropriately signed by you, or when accompanied by your notice to vacate.

Please call if you have any questions."

Now that I have written all this, I suppose that, as a Landlord, refusing rent would be foolish.  I have a standard letter I give when a Tenant has given their notice of move-out.  But I would like to give her one more chance to sign the new Lease.  She is a PITA, but I have addressed that by new clauses in the Lease, and even though her rent is below market rate, her rent amount fleshes out the bottom line, and move-outs cost money. I will, however, not tolerate her living here without signing this new Lease, and will proceed to evict if necessary.

Requesting recommendations on next step (content of letter to write).  Since she has chosen not to sign the new Lease, hasn't she chosen on her own to be in a state of non-renewal?  

Thank you very much for your comments.

Most Popular Reply

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Replied

Lynnette is right. You'd need to honor her old lease; maybe she thought the lease did not have to be signed until the old one was up.  You didn't mention that she was disrespectful and destructive in the past when you first spoke of her; but you did mention how move outs cost money. You need to see if her old lease is up: either treat her in the same manner as your letter is coming across here and lose a tenant at the end of the month, or politely call her and inform her of her "oversight."

2 things to keep in mind: if you are not pleasant, she could make it difficult for you and make you remove her, which could take months; also, it may not be a good idea to have all your tenants' leases start at the same time, because then they end at the same time and any given year, you could have every tenant leave at once, which would not be good. 

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