All Forum Posts by: Kevin Feltner

I was out of town when a tenant moved in. After reviewing our lease, I feel it is necessary to have them sign off on a statement that there were no damages when they moved in. Has anyone done this before? If so, do you have something you can copy and paste here for me?

Earlier this month, I renewed my tenant's lease. The renewal states...

"The LANDLORD and TENANT hereby agree to renew the Original Agreement for a further term of one year commencing on August 1, 2020 and ending on July 31, 2021."

Well, the tenant's dog has become an issue and now I don't want to renew the lease.  The original lease included the following clause...

"CHANGE OF TERMS: The terms and conditions of this agreement are subject to future change by Landlord with 60-day written notice setting forth such change and delivered to Tenant. Any changes are subject to laws in existence at the time of the notice of change Of terms."

I thought the tenant had the dog under control, as I had not received any noise complaints over the past few months. It seems the complaints had stopped because the downstairs owner had moved. I have received three warnings from the HOA (two more than I expected) and now the fines will start. The tenant's pet agreement states...

"Tenant shall not permit the pet to bark, howl or otherwise emit noises in such a level, frequency or time as to disturb others."

An additional clause states...

"FINES: Tenant is responsible for any fines assessed by the association as a result of his conduct. These include, but are not limited to, litter/trash violations and noise complaints. Should notice be received by Landlord regarding a violation of said rules and regulations, Landlord shall notify Tenant of said violation in writing. Tenant shall immediately pay Landlord $75.00 for initial cost of Landlord involvement in HOA warnings, violations or assessments. If Tenant fails to correct the violation within seven days of said notice, Tenant agrees to pay for the cost of Landlord resolving the problem (if it can be resolved), or Landlord may default the Lease and require the Tenant to vacate the Premises. If the association should fine Landlord for the actions, inactions, conduct or behavior of Tenant, or Tenant’s invitees or guests, for failure to comply with the rules and regulations of the community where Premises is located, Tenant agrees to pay fines within ten (10) days of notice by Landlord to Tenant plus a $75.00 fine (per violation) for Landlord’s involvement in the event. Failure to pay fines may result in a breach of this Lease."

I believe it may be in my best interest just to have the tenant move on. I feel that my  "change of terms" clause allows me to do this.

Thought?

I would like to reduce the term of my tenant’s lease. The lease contains the following...

“CHANGE OF TERMS: The terms and conditions of this agreement are subject to future change by Landlord with 60-day written notice setting forth such change and delivered to Tenant. Any changes are subject to laws in existence at the time of the notice of change Of terms.”

Can I give him 60 days notice and end his lease on July 31?

I plan on selling two investment properties later this year. I will be placing new tenants in May or June, and I would like to sell the properties with the tenants occupying the condos. There is no issue with a rental cap, as the association does not have one in place. These condos almost always sell to investors.

Do you have a suggestion on verbiage to include in the leases? Any other insight you can offer is greatly appreciated. 

Thanks all.

I have a lease ending where one tenant wants to sign a new lease and the other is moving on. I understand that I will need a new lease for the remaining tenant, but how do I handle the existing security deposit. Half of the deposit was paid by each tenant.

The current lease ends on July 31... when the soon-to-be former tenant will move out. I would like to submit a new lease to the remaining tenant within a few days.

I would love to hear your thoughts on determining responsibility of any existing damages, returning the amount owed to soon-to-be former tenant, and collecting additional half of security deposit from remaining tenant.

I have been a landlord for 10+ years, and I have never attempted to collect unpaid rent and/or damages from a tenant. I would now like to try to collect unpaid utility bills and damages from a tenant, but I do not know where to start.

Here's where I stand...

The tenant moved out on July 31 leaving unpaid utility bills and damages of $723.29 (in addition to his security deposit). I understand this amount isn't excessive, but I feel like I need to take action so that I can understand the process better when this occurs again.

I provided the tenant with a move-out letter and inspection report on August 2. He viewed the paperwork via DocuSign the same day, but he did not sign. As listed on his lease and the letter, he had five days to dispute the findings (no response). I now plan on sending certified paperwork via USPS on August 10, as I have his new address. I intend to include a demand for payment within 30 days. If payment is not made by then, I would like to attempt to collect.

The apartment he rented was in Georgia. He now lives in Tennessee. Can I proceed with a small claims case in Fulton County, Georgia (the apartment location)? If not, do you have suggestions? Again, I understand that it is not a large sum of money, I just want to better understand the process, and I feel that the best way to accomplish this is to do something.

Thank you for your time.

BTW... I am in Georgia.

I have the following clause in my lease...

"CHANGE OF TERMS: The terms and conditions of this agreement are subject to future change by Landlord

with 60-day written notice setting forth such change and delivered to Tenant. Any changes are subject to laws

in existence at the time of the notice of change of terms."

I am considering selling my properties over the next year. Would this clause allow me to end a lease early (with 60 days notice)?

I have converted a few of my units to Airbnb rentals. Other people have asked me to "manage" their Airbnb units. Can I do this without a property license in Georgia.

If this fits better in a different forum, please let me know.

Thanks in advance for any input and/or links to sources you can provide.