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with the tenant requesting to sign another year term. I am personally in favor of this. I don't want to worry about him moving out in 2 month or 6 months. I need the peace of mind that he'll be there another whole year
Having a one-year lease does not insure that the tenant will be there for the whole term. It merely gives you a basis for a judgment against him/her if he/she breaks the lease. Trouble is, you have to go to the trouble and expense of getting the judgment -- assuming the tenant has any assets you can attach.
Month-to-month offers the greatest flexibility for both parties. You say your tenant is already getting a break on the rent, so if he/she quibbles about the length of the lease you should not have trouble finding a good tenant who will agree to those terms.
First of all, I'm not changing any terms in the middle of the lease term. As I stated, it is coming up for renewal - expires at the end of this month and he has been asking to sign a new one to extend it since last month. I wanted to know the interpretation of my existing lease terms, if I had to amend it if I wanted it to mean what I was describing I wanted it to mean - I'm not asking to change the wording on the existing lease. I will be printing out a brand new one he will be signing, and if the existing one doesn't mean what I think it means, or if I have to change it in order for it to mean what I am interested in it meaning, then that's what I'm trying to understand. So far every time the AC has broken down I have paid for the repairs myself but I know it's on its last leg and will require replacing in the near future and I don't want to be tied up with that cost. He can get a cheap $300 window AC like a lot of tenants do with landlords in similar situations as me.
Since the existing lease states that he's responsible to provide his own appliances and to keep all appliances in good working order, and I ended up furnishing the fridge and AC, I am finding out I can't make him keep those appliances in good working order aka getting them fixed when they break down, so I am contemplating having them removed as a condition to renew the lease, or I can state that he can purchase them for free if he wants them to stay, but that in that case he will be responsible for all repairs and replacements. Still trying to figure out what route to take and once I come up with the best decision, I'm not so concerned if he chooses to walk away, since the rent is so low I wouldn't have trouble getting a new tenant but I think he's reasonable and will work for a common solution. I'm not going to change the terms on an existing lease without telling him, I have never even hinted at that scenario.
First of all, I'm not changing any terms in the middle of the lease term. As I stated, it is coming up for renewal - expires at the end of this month and he has been asking to sign a new one to extend it since last month. I wanted to know the interpretation of my existing lease terms, if I had to amend it if I wanted it to mean what I was describing I wanted it to mean - I'm not asking to change the wording on the existing lease. I will be printing out a brand new one he will be signing, and if the existing one doesn't mean what I think it means, or if I have to change it in order for it to mean what I am interested in it meaning, then that's what I'm trying to understand. So far every time the AC has broken down I have paid for the repairs myself but I know it's on its last leg and will require replacing in the near future and I don't want to be tied up with that cost. He can get a cheap $300 window AC like a lot of tenants do with landlords in similar situations as me.
Since the existing lease states that he's responsible to provide his own appliances and to keep all appliances in good working order, and I ended up furnishing the fridge and AC, I am finding out I can't make him keep those appliances in good working order aka getting them fixed when they break down, so I am contemplating having them removed as a condition to renew the lease, or I can state that he can purchase them for free if he wants them to stay, but that in that case he will be responsible for all repairs and replacements. Still trying to figure out what route to take and once I come up with the best decision, I'm not so concerned if he chooses to walk away, since the rent is so low I wouldn't have trouble getting a new tenant but I think he's reasonable and will work for a common solution. I'm not going to change the terms on an existing lease without telling him, I have never even hinted at that scenario.
Then you simply write the new lease to disclose what are and are not offering as amenities or amend the existing lease to notify the tenant. You really only need to amend the existing lease.
You can write a new lease. But you should write a letter of intent to terminate previous lease and both of you sign. Just to cya.
I never accused you of changing the rules mid-term or without the tenants consent/knowledge. I was simply informing you of what you can and cannot do
In the new lease where you list the amenities simply change the paragraph to
LL is not supplying any appliances (name them by function fridge stove microwave etc ) and are removing any existing appliances in the rental at x date (write in the date) and the tenant must supply his own appliances from that date on.
As the AC unit goes. Same thing, if you list it in the amenities (what the tenant has use of) description
2. The AC unit will not be maintained/repaired or replaced with a functioning unit if/when the original unit ceases to function. Tenant would no longer have the ability to use the AC and must prvide their own freestanding or personal removable/detachable mounted AC unit
Hi everyone, I thought I'd provide an update in case you were interested to know what I ended up doing. I renewed the lease for another year, without changing any of the terms, so it still says he's responsible for providing and maintaining his own appliances, while I have provided them myself - oven/stove, refrigerator, air conditioner, so I am aware since I am providing these items, I am responsible for their maintenance and replacement. I couldn't bring myself to tell him I was going to no longer be the owner of them - he could have them then be responsible for fixing or else I would remove them and he would need to purchase new ones. I just went along and kept everything as is. I crossed my finger the AC would last another year or at least until he moves out then I can change the terms with a new tenant.
Sure enough as soon as we signed to renew the lease for another year, he texted me in the middle of the night - around 3am - saying the AC stopped working and is blowing hot air! My worst nightmare to keep me up the rest of the night, kicking myself for not having changed the terms of the lease, even wondering if it had broke down before we renewed the lease and he didn't tell me so i wouldn't exclude it from the renewal as he complained immediately after renewing it.
I called the same maintenance company who had managed to repair it last year after everyone else who took a look said it needed to get replaced, and fortunately they were able to repair it for $350. Crossing my fingers it will hold up for a year and especially through the hot summer.
You don't replace your a/c unit because your tenant says it doesn't work. You have an a/c repairman come out and inspect it and tell you what the problem is if any and you fix it. That's it. Then you move on from that it's a simple repair on your rental property that is something that you have to do. I have been managing rentals for many years and it's simple take care of your properties and your tenants and they will take care of you. I understand if this is not your thing. I'ts really not for everyone. If that is the case pay 10% of your rent to a management company and it will save you all of this headache and you will simply get a check and a statement every month.
In CA (Riverside County) - lease says to keep appliances in good and clean working order. Provide own fridge, washer/dryer. Make sure air conditioner filter remains clean and replaced every 3-6 months.
1. Landlord provided the refrigerator even though lease tells tenant to.
2. based on the wording above that is in the lease, if the air conditioner or fridge break down, who is responsible to repair or replace them?
Last year the tenant said the AC was broken and was insisting on a new one. I had it replaced. He now wants to renew the lease now that the year is up and doesn't want it to be month to month. Before I renew, I want to be clear on what the lease is saying and if I should change any of the wording. My last tenant screwed me over big time, trashed the place and didn't pay rent for months so I want to be more pro-active and careful how I handle everything before there is an issue and I can't afford to replace the AC. Would rather rent it out without an AC or fridge in it next time to avoid costly repairs and replacements.
If the LL provides the refrigerator- I find it hard to believe that the tenant is responsible for repairs. The tenant has to service an appliance that isn't legally theirs???? Entirely different story if the lease is actually followed the way it is written and the lease is started with no refridgerator- the tenant provides their own- the tenant isn't allowed to charge the LL to fix their own refridgerator.
LL has a duty to make the unit habitable- Heat, water, lighting, floors, sinks, toilets all must be in good working order. AC??? I don't know if that falls in the category- If you have central air- a LL should change filters. I don't understand why you would want it to remain broken? And certainly a tenant is not responsible unless they vandalized the system.
If the LL provides the refrigerator- I find it hard to believe that the tenant is responsible for repairs. The tenant has to service an appliance that isn't legally theirs???? Entirely different story if the lease is actually followed the way it is written and the lease is started with no refridgerator- the tenant provides their own- the tenant isn't allowed to charge the LL to fix their own refridgerator.
LL has a duty to make the unit habitable- Heat, water, lighting, floors, sinks, toilets all must be in good working order. AC??? I don't know if that falls in the category- If you have central air- a LL should change filters. I don't understand why you would want it to remain broken? And certainly a tenant is not responsible unless they vandalized the system.
AC isn't a habitability issue. I have a few rentals and most of them have no AC. They all are required to have a working heater or furnace. One rental has a AC unit. It still works but he tsca old unit. It's a power hog so I tell tenants if they use it for about 3-4 days to expect about 350 dollar electricity bills. If they use it more the bill goes up from there. And I will not repair it when or if it breaks. It's all disclosed BEFORE they sign. And they have to specifically initial that section. They can buy their own personal self contained AC units.
I have various appliances in various rentals. As long as they are my appliances and it's written in the lease the tenant has full use of the item I repair or replace if they break.
AC isn't a habitability issue. I have a few rentals and most of them have no AC. They all are required to have a working heater or furnace. One rental has a AC unit. It still works but he tsca old unit. It's a power hog so I tell tenants if they use it for about 3-4 days to expect about 350 dollar electricity bills. If they use it more the bill goes up from there. And I will not repair it when or if it breaks. It's all disclosed BEFORE they sign. And they have to specifically initial that section. They can buy their own personal self contained AC units.
I have various appliances in various rentals. As long as they are my appliances and it's written in the lease the tenant has full use of the item I repair or replace if they break.
I know that's why I had question marks- but heating is a habitability issue, but these are all rarely black and white issues.
Tenant is there for one year. At what point he is responsible for maintenance repairs because of his use of the premises for 12 months.
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