Rent increases and a new lease with holdover tenant

[David Matthew]

Hey everybody, first post!

I have one property with a tenant who has been there for five years. This is also the first rental property I ever purchased and have never raised the rent. He signed a one year lease and then it just went to month to month after expiration, I never requested a new lease signing. The tenant has always paid the rent but leaves the place a mess (junk around the outside of the house) and there are small damages that accumulate.

I'd like to raise the rent 10% to bring up to market value in addition to modifying terms so that I am not responsible for washer dryer repairs(newbie lease mistake well learned) and for the tenant to pay the trash bill.

Can I just do a lease amendment with the terms I would like or will that not work since the original lease is expired? Do I have to do a notice to quit along with a new lease for him to sign?

I informed him verbally at first before providing documentation as a more personal way of breaking the news as things have been friendly so far in all previous dealings. I'm aware this won't officially count as notice. He has verbally stated that he intends to purchase a property and is not sure about signing a new lease and asked to stay on month to month. I'm totally fine if he stays on month to month but it needs to be with the new terms I'm looking for. I personally doubt he will purchase a house but also don't mind if he moves out. So far we are friendly but I want to make sure I cover my bases in the event he stays and doesn't want to pay the increased rent.

Thanks!

[Bjorn Ahlblad]

@David Matthew yeah the old lease has not expired; it has continued MTM and will until non renewal by either party, So your modification by change of terms or an addendum works fine.