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That's a WHOLE different thread! LOL! I recently found out that the property management company has been been skimming money from me over the years, so I fired them. I am also going to report them to the Better Business Bureau, and the Department of Corporations, as well as give them a bad review on Yahoo. Their behavior is what prompted me to start managing the property myself.
I have left the tenant alone. I am happy that he is paying the rent on time, but I would not feel comfortable not having some type of legal rental agreement. If something happened, and we had to go to court, the first thing the judge would ask would be, "What does your rental agreement state?" Even if he decides to move, and I hope he doesn't, he will still have to sign a lease or rental agreement no matter where he goes. Otherwise, he will not be able to rent an apartment. If he decides to stay with me, I won't raise the rent (I've only raised it once during the past six years that he's living there), and he won't hear from me unless there's a problem.
Oopps...didn't mean to open that can of worms...well actually I did, lol...
and as a renter, personally, I would feel totally out of water if I did not have a signed 'rental agreement' w/my LL as well as a Renters Insurance Policy to have attached to it. Just the way I am. I'm sure it will all work out. Keep us posted. It's been a long night and I'm heading home to take the dogs for a run on the beach...Have a good day and keep us posted, ok?
Warmest Aloha....Koale
In my case, the tenants were going through a divorce. The original lease was signed by the husband (financially responsible for the family). The husband moved out and the wife wanted to stay (with the kids), BUT she wanted to be able to mess the house up & leave owing rent and have her soon-to-be ex-husband holding ALL of the financial responsibility.
They were also VERY LATE with the rent EVERY month. They avoided calls, texts, and emails. They also shuffled the responsibility for rent. (Don't call me. Call her--he is paying the rent. No, call him--he is paying the rent.)
I issued a 30-day-notice (We had a month-to-month lease.) and they moved out--a few weeks late. I am still trying to get them to remove the rest of their possessions and return keys and remotes.
Since you have a tenant who pays on time, I would consider a breif (easy to understand) rental agreement--after an inspection.
You also might consider a signed addendum to the original lease.
WOW!!! What a HORROR story! I am so sorry that you had such awful tenants
He might be happy with a month-to month-lease, which requires only a 30-day written notice to terminate.
WOW!!! What a HORROR story! I am so sorry that you had such awful tenants I have mailed (certified) the tenant a month-to-month lease agreement. Prior to officially mailing it, I emailed him a draft of the month-to-month lease for him to review. He acknowledged receiving it, but did not offer any feedback.
Quote:
Originally Posted by Koale
Oopps...didn't mean to open that can of worms...well actually I did, lol...
and as a renter, personally, I would feel totally out of water if I did not have a signed 'rental agreement' w/my LL as well as a Renters Insurance Policy to have attached to it. Just the way I am. I'm sure it will all work out. Keep us posted. It's been a long night and I'm heading home to take the dogs for a run on the beach...Have a good day and keep us posted, ok?
Warmest Aloha....Koale
LOL!! Once I get this current situation taken care of, I'll probably be posting about that experience as well. I am currently renting a room in a house, and after living here for 8 months, the owner asked me to sign a rental agreement. I had no problems doing so. Actually, I was a bit surprised that she did not have me sign one when I first moved in. You have a great day as well. Which island are you living on? I'm jealous!
Since the tenant behaves as though he's nervous and apprehensive about signing the month-to-month rental agreement, here is a copy of the email that I sent to him a few days ago. I don't feel that by sending him this email that I am harrassing him as some of the previous posters have stated. I have also been polite when I've sent him text messages...
Hello Mr. XXX,
I am writing to inquire if you have any questions or concerns regarding the month-to-month rental/lease agreement? If so, please feel free to contact me and I will be more than happy to address your questions. Also, I encourage you if you have not done so already, to let your attorney read the documents and go over them with you.
Understand that I value and appreciate you as an excellent tenant over the past six years and have absolutely NO desire to do anything that may be considered under handed. The purpose of signing the month-to-month lease is to protect both of our interests. I'm am sure that you are well aware of the fact that anywhere a prospective tenant chooses to rent they will be expected to sign a lease/rental agreement (either a year long lease, or month-to-month).
Also, by law, a landlord can raise the rent up to 4% every year. Since I value the fact that you have been, and continue to be a wonderful tenant, the rent has only been raised once during the six years that you have been living there. Truth-be-told, XYZ Property Management Company raised the rent two years after you moved in without letting me know beforehand. I informed them not to raise it again. Mr. XXX, unless there is some unforeseen increase in the expenses related to the condo (i.e., the HOA fees are raised significantly), I have no intentions of raising your rent in the future.
I want to continue to maintain a good relationship with you and would therefore, like to make the transition from XYZ Company managing my property to managing the property myself as smoothly for the both of us as possible. I also want you to know that I appreciate your assistance and cooperation in working with me to accomplish this goal.
If the tenant flat out refuses the sign a lease or rental agreement i would evict him. You own the property & you have to protect yourself. Hes had it good for the past 6 yrs but he has to understand that he does not own the property. Wait until july 1st & see what happens. Give him 1 more chance. After that do what you feel is right. You are the landlord not him.
If the tenant flat out refuses the sign a lease or rental agreement i would evict him. You own the property & you have to protect yourself. Hes had it good for the past 6 yrs but he has to understand that he does not own the property. Wait until july 1st & see what happens. Give him 1 more chance. After that do what you feel is right. You are the landlord not him.
You are 100% correct. I had been living overseas during those years and did not realize that the property management company did not follow-up and have the tenant sign a lease/rental agreement over the past five years. They only had the tenant sign for the first year that he was there. I also learned that they've been skimming money from me, and falsely reporting repairs that have never been made over the years.
I'll be glad when prices to go back up so that I can sell the place. <sigh>
To be honest I'm not really sure what you are hoping to gain by this. Most likely the tenant is still operating under the terms of his last lease as they generally revert to month to month following the same rules. Unless you don't like something that is in that lease, you risk losing an very good tenant.
Sure, at the end you will be able to say you did what you wanted to and you "won". But if the next tenant is not such a good one I think you may regret it.
To be honest I'm not really sure what you are hoping to gain by this. Most likely the tenant is still operating under the terms of his last lease as they generally revert to month to month following the same rules. Unless you don't like something that is in that lease, you risk losing an very good tenant.
Sure, at the end you will be able to say you did what you wanted to and you "won". But if the next tenant is not such a good one I think you may regret it.
My copy of the lease between the tenant and the Property Management Company is in storage in L.A. I have asked the Property Management Company to send me a copy of their lease agreement. I will also consult with an attorney to see if that lease can be carried over. This isn't about me "winning" anything; it's about me protecting myself legally. Past history does not guarantee future behavior. There's also no guarantee that the next tenant (if there is one) will be a bad one. I have another property (a house) that I've been renting out for a little over a year and the tenants living there are great. My current tenant that is living in my condo is risking losing a very good landlord. How many landlords will let a tenant live in their property for six years and only raise the rent once during that time??
I have heard about many corrupt property management companies incl ones that harass the tenants.
Yep. I have two different rental properties in different parts of L.A. So far, the other property management company hasn't given me any problems. Unfortunately, the condo is out of their area, so they cannot manage it. I have not had any problems with tenants up until this point. Unfortunately, the management company that I just fired, has been dishonest and have not done their job: they've been collecting 10% every month, while skimming money from me and not following through and requiring that the tenant sign a month-to-month lease over the years. Because the tenant has gotten away with it for so long, he does not want sign a formal agreement.
He's now being passive aggressive by ignoring me and not returning my calls. Only time will tell how this all plays out.
Another thought that occurred to me: I was living overseas in the middle east when the management company was managing my property. My tenant is muslim. His behavior could be cultural in that he does not want to interact directly with a woman when doing business.
Because the tenant has gotten away with it for so long, he does not want sign a formal agreement.
Gotten away with it? That seems to imply some sort of wrong doing. It sounds like you are trying to portray your poor LL choices as somehow the fault of the tenant.
In about a month... a no trouble to anyone, pays his rent on time tenant, will be moving into some other LL's property.
I wish him well.
His previous LL...
will have an empty unit for several months while a fair bit of long term tenancy wear and tear turnover work gets done
and they try to find some new tenant who (dollars to donuts) isn't likely to stay very long.
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The original lease was signed by the husband (financially responsible for the family). The husband moved out and the wife wanted to stay (with the kids), BUT she wanted to be able to mess the house up & leave owing rent and have her soon-to-be ex-husband holding ALL of the financial responsibility. 
