Writing new lease agreements in California

[Michael Rojas]

Hi All!

I took ownership of a 4-plex in Oakland, CA in June of this year. Two of my tenants never signed the original lease that was provided to them by the previous owner and I would like to get new lease agreements in place. I look at this as a chance to update all of the lease agreements for all four tenants. I have discussed this with them individually and all four tenants are willing to sign a new lease agreement.

Was wondering what steps I need to take in order to get this done?

I have read that:

(1)You should provide a 30-day written notice to your tenants that there will be a change in their tenancy

(2) You should also have an agreement signed by both myself “ landlord” and the tenant that we mutually agree to terminate the original lease agreement.

If this is true, I was thinking of aligning the effective date of the termination letter with the effective date of the new lease agreement so that it is clear that the intent is to recognize the new agreement moving forward effective “January 1, 2021”. What other things should I consider or do, in order to get these lease agreements updated?

Looking forward to hearing all of your feedback and tips!

[Brian Garlington]

Before you go down that path, are you sure you want to keep the tenants there? I say this because I see a LOT of fourplexes in Oakland where the rent is waaaaayyyyyyyy under market. Additionally, you may not "know" your tenants. They may be on their best behavior now, but as soon as they sign that new lease.....their true "side" comes out. This is sometimes a problem with inherited tenants....especially if they "didn't get around to signing the lease" with the previous landlord. 

Now if you want something in writing so that you have documentation as to what their rent is, what the rules are regarding subletting, pets, smoking or not smoking, etc....this obviously makes sense.