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Updated about 2 years ago on . Most recent reply

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David G.
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tenant wants to add mother on the lease?

David G.
Posted

A tenant I have who is problematic wants to add their mother on the lease.  I don't have to do that correct?

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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
Replied

Let's start with the "month-to-month lease in perpetuity."  Here is the California Law:  "Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year." (End)

What you will want to do is prepare a written notice to the tenant that the lease will be terminated on (give 60 days notice) and that she will need to depart the premises on or before that date.  Since she is challenging, I would also note that she has been provided the 60-day notice to terminate under California State Law.  Ask her to schedule a final walk of the unit on or before (the departure date) with you so that you can arrange for any return of security deposit provided the unit is in satisfactory condition and all contents/trash are removed from the premises.  You do not need to give a reason nor get in a debate over it.  Be sure to either post it on the door of her unit in a sealed envelope with her name and Confidential noted on the envelope face (after posting it, take a photo as your proof) AND/OR send it by certified mail or Overnight Delivery (which is preferable of the two).  

And, you can't be a rookie and take over management of a property.  This is nothing less than running a business so you have to know the laws inside and out.  Get the letter out first (there are templetts available online for your state) and then start educationing yourself.  Start with the California Court's Guide on Tenant-Landlord Laws:  https://www.courts.ca.gov/docu...

Read this on California's Notice Requirements:  https://www.nolo.com/legal-enc...

Property Management is a profession and business.  You can't wing it.  Here's your chance to rid yourself of a problem tenant and start your learning process.  And, by the way, no mother...crazy is crazy enough without adding more.

Best...

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