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Old 04-05-2015, 01:52 PM
 
927 posts, read 877,865 times
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My tenant has occupied the apartment for almost 3 years. He was given a 60 day notice in February, and just this week found a new place. He procrastinated, and in doing so is now requesting 2 more weeks in the apartment to move into his new place. I'm OK with this.

The 60 day notice expires tomorrow. He was on a month-to-month lease. Do I have him sign a weekly rental agreement at this point, or would doing such nullify the 60 day notice and require another 60 day notice to be issued if he doesn't leave after the 2 weeks?
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Old 04-05-2015, 03:16 PM
 
Location: The Triad
34,090 posts, read 82,611,550 times
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Quote:
Originally Posted by 08grad View Post
My tenant has occupied the apartment for almost 3 years.
He was given a 60 day notice in February, and just this week found a new place.
I'm OK with this.

The 60 day notice expires tomorrow.
When will he be ready to move?

Quote:
Do I have him sign a weekly rental agreement at this point, or...
A NEW 30 day notice would probably be best/simplest and adequate.

Far more important concerns:
Is rent being paid?
Are there condition issues?
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Old 04-05-2015, 03:25 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,515,094 times
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I don't see why you can't simply write to him acknowledging his request for an additional two weeks and accepting same. You've already given him the necessary notice, he says he needs two more weeks so just acknowledge and agree to that in writing. Tell him the new date by which he has to vacate the unit and bill him for the additional two weeks to be paid immediately.
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Old 04-05-2015, 04:01 PM
 
Location: Riverside Ca
22,146 posts, read 33,312,427 times
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Extend the lease for another 30 days. Have him pay for 30 days. If he leaves in two weeks prorate the time. If he procrastinates more you're covered.


You can also do two weeks paid in advance. ALL agreements In writing
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Old 04-05-2015, 04:40 PM
 
927 posts, read 877,865 times
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Quote:
Originally Posted by MrRational View Post
When will he be ready to move?

A NEW 30 day notice would probably be best/simplest and adequate.

Far more important concerns:
Is rent being paid?
Are there condition issues?
Rent is paid but always late and to his convenience, one of the reasons I gave him the 60-day. For example, it's the 5th and no rent yet (due the 1st). There are some minor condition issues, he lives dirty and leaves trash all over but nothing structural.

Quote:
Originally Posted by STT Resident View Post
I don't see why you can't simply write to him acknowledging his request for an additional two weeks and accepting same. You've already given him the necessary notice, he says he needs two more weeks so just acknowledge and agree to that in writing. Tell him the new date by which he has to vacate the unit and bill him for the additional two weeks to be paid immediately.
He is willing to sign a two week rental agreement, or some type of addendum to the 60 day notice. Is there such a form online or should I just write up a rental agreement?

Quote:
Originally Posted by Electrician4you View Post
Extend the lease for another 30 days. Have him pay for 30 days. If he leaves in two weeks prorate the time. If he procrastinates more you're covered.


You can also do two weeks paid in advance. ALL agreements In writing
My concern is in California, you must give 60 days notice for a tenant who is on a month-to-month lease who has resided there for over a year. I have done such, and tomorrow he is supposed to be out. If I give him another month in full, would that nullify the 60 day notice? Would I have to give a new 60 day notice and repeat the cycle?
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Old 04-05-2015, 04:48 PM
 
Location: The Triad
34,090 posts, read 82,611,550 times
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Quote:
Originally Posted by 08grad View Post

My concern is in California, you must give 60 days notice for a tenant who is on a month-to-month
I have done such, and tomorrow he is supposed to be out.
Then dig out the 60 day, scratch out the end date and have him initial the change to 5/5.
And **AND** collect the rent due.
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Old 04-05-2015, 04:54 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,515,094 times
Reputation: 26727
Quote:
Originally Posted by 08grad View Post
1. He is willing to sign a two week rental agreement, or some type of addendum to the 60 day notice. Is there such a form online or should I just write up a rental agreement?


2. My concern is in California, you must give 60 days notice for a tenant who is on a month-to-month lease who has resided there for over a year. I have done such, and tomorrow he is supposed to be out. If I give him another month in full, would that nullify the 60 day notice? Would I have to give a new 60 day notice and repeat the cycle?
1. Just type it up as a simple letter of agreement - it's not complicated and you don't need any special forms.
"I (landlord) have agreed to extend (the tenant's) rental agreement to (date) for a pro-rated amount of $**** payable in advance.

2. ou already gave him to 60 day notice. You don't have to give it to him again nor do you have to give him another 30 day notice. If you want to give him 30 days rather than two weeks, note than in the simple letter you're going to give him. He can leave any time before whichever date you give him but won't receive any rebates for leaving earlier once you've agreed on the date.
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Old 04-05-2015, 05:10 PM
 
927 posts, read 877,865 times
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Ok, will do, thank you guys.
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Old 04-05-2015, 10:02 PM
 
Location: Riverside Ca
22,146 posts, read 33,312,427 times
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Just write a simple statement letter thst you are extending the residents occupancy time AT HIS REQUEST for x amount of days moving the lease end date to xx-xx-2015. Make sure you get payment upfront. Do a walk through before the tenant vacates.
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Old 04-05-2015, 10:30 PM
 
Location: Silicon Valley
18,813 posts, read 32,331,897 times
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It doesn't nullify the 60 day notice in CA. I'd write that into the agreement you both sign, though, "This agreement does not nullify the 60 day notice to vacate, this agreement is intended to simply accommodate the tenant's request to move out 2 weeks later, due to the available move-in date of his new apartment. This extended move-out date will not be extended again."

Something like that.
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