How much advance notice must tenant give re: renew or move out? (section 8, apartment)

[Big-Bucks]

Coming up on the end of a lease, anyone have any guess as to how much advance notice a TENANT must give the landlord if they intend to start a new lease? 60 days? 30 days? Less? I gave my tenant the right to renew the lease but the agreement doesn't mention any time frame. This is also a house -- no rent control regarding residential homes.

[Nerdlord]

If the tenant doesn't give you notice and there is no new lease agreement, then it converts to month to month.

The tenant doesn't have to give the LL any notice to START a new lease. That's the landlord's responsibility. Tenant only has to give notice for intent to vacate.

[ryanms3030]

Originally Posted by Big-Bucks

Coming up on the end of a lease, anyone have any guess as to how much advance notice a TENANT must give the landlord if they intend to start a new lease? 60 days? 30 days? Less? I gave my tenant the right to renew the lease but the agreement doesn't mention any time frame. This is also a house -- no rent control regarding residential homes.

Is that true? I know rent control varies depending on city but I didn't think it matters if it's a house or apartment building

[Big-Bucks]

My lawyer told me that specifically rent control does NOT apply to residential homes.

A lease ends when it ends. If the tenant wants to stay then they have to agree in writing to a new lease. In order to legally create a month to month tenancy, the landlord has to accept rent. So they could mail me a rent check, but if I don't cash it then there is no month to month tenancy. I can evict them.

Again my question is how far in advance does the tenant have to give notice before exercising a new lease extension? I'll ask my lawyer at some point. The curiosity is killing me right now though.

[Nerdlord]

Originally Posted by Big-Bucks

My lawyer told me that specifically rent control does NOT apply to residential homes.

A lease ends when it ends. If the tenant wants to stay then they have to agree in writing to a new lease. In order to legally create a month to month tenancy, the landlord has to accept rent. So they could mail me a rent check, but if I don't cash it then there is no month to month tenancy. I can evict them.

Again my question is how far in advance does the tenant have to give notice before exercising a new lease extension? I'll ask my lawyer at some point. The curiosity is killing me right now though.

What you stated is all correct, but I'm not sure I understand the point of your question. If you want to to create a new lease why would you expect the tenant to be the one initiate it? Standard practice is for management to give tenants a new lease 60 days prior notice to the end of the current lease. The tenant then has 30 days to sign/negotiate/ or give notice.


If you want them to vacate at the end of the lease, why does it matter at all? Just tell them their lease is not being extended and evict them if they don't move out.

[Big-Bucks]

Originally Posted by Nerdlord

What you stated is all correct, but I'm not sure I understand the point of your question. If you want to to create a new lease why would you expect the tenant to be the one initiate it? Standard practice is for management to give tenants a new lease 60 days prior notice to the end of the current lease. The tenant then has 30 days to sign/negotiate/ or give notice.


If you want them to vacate at the end of the lease, why does it matter at all? Just tell them their lease is not being extended and evict them if they don't move out.

Because I gave them the unilateral right to renew for 6 months.

I'll ask my lawyer, but I suspect that they have up until 30 days before the end of the current lease to elect to take the additional 6 months. If that's what is standard practice in LA then I would bet that is probably the law. Thanks.

[ryanms3030]

Originally Posted by Big-Bucks

Because I gave them the unilateral right to renew for 6 months.

I'll ask my lawyer, but I suspect that they have up until 30 days before the end of the current lease to elect to take the additional 6 months. If that's what is standard practice in LA then I would bet that is probably the law. Thanks.

Is that how their lease was worded? I've never had a lease like that anywhere. I've rented about 15 places in my life and generally lease ends and it automatically goes to month to month. If there is a new lease offer , it generally is at least a month before the lease ends and there is usually an option to sign new lease or stay month to month for a higher rent.

I also don't think you can just evict your tenants if they are paying rent. You generally have to go through an eviction process and have just cause unless you are planning on moving into the residence yourself as the owner.

[Nerdlord]

Originally Posted by ryanms3030

Is that how their lease was worded? I've never had a lease like that anywhere. I've rented about 15 places in my life and generally lease ends and it automatically goes to month to month. If there is a new lease offer , it generally is at least a month before the lease ends and there is usually an option to sign new lease or stay month to month for a higher rent.

I also don't think you can just evict your tenants if they are paying rent. You generally have to go through an eviction process and have just cause unless you are planning on moving into the residence yourself as the owner.

This is definitely not true. Yes you do have to go through an eviction process, but you can definitely evict a tenant even if they are paying rent.

[disgruntled la native]

Originally Posted by Nerdlord

This is definitely not true. Yes you do have to go through an eviction process, but you can definitely evict a tenant even if they are paying rent.

Some tenants. Not certain rent controlled ones or Section 8

[Big-Bucks]

Originally Posted by ryanms3030

Is that how their lease was worded? I've never had a lease like that anywhere. I've rented about 15 places in my life and generally lease ends and it automatically goes to month to month. If there is a new lease offer , it generally is at least a month before the lease ends and there is usually an option to sign new lease or stay month to month for a higher rent.

I also don't think you can just evict your tenants if they are paying rent. You generally have to go through an eviction process and have just cause unless you are planning on moving into the residence yourself as the owner.

I agreed to give my tenant an extension. Must contracts do not have this option.

With a lease you absolutely can. A lease ends when it ends unless it says otherwise. A landlord does not have to accept payment if the tenant attempts to pay rent the last minute. If no contract is signed to start a new lease and if no rent is accepted by the landlord to legally establish a month to month tenancy then the tenants are in breach if they don't move out by 11:59 PM on the last day. Then yes, you have to go through the whole unlawful detainer court process. This may take 3 weeks minimum of court process if the tenants don't fight it, then the Sheriff comes out. They would have no legal case to remain living on the property and lose some of their security deposit. That's what security deposits are for! This would also negatively affect their credit and ability to rent another place.