 changing lease terms (by James [NY]) Jul 15, 2018 9:08 PM
 changing lease terms (by nhsailmaker [NH]) Jul 16, 2018 4:04 AM
changing lease terms (by Kurt [MI]) Jul 16, 2018 4:12 AM
changing lease terms (by Ken [NY]) Jul 16, 2018 4:19 AM
changing lease terms (by LindaJ [NY]) Jul 16, 2018 4:34 AM
changing lease terms (by Fred [MA]) Jul 16, 2018 8:09 AM
changing lease terms (by BRAD 20,000 [IN]) Jul 16, 2018 12:21 PM
changing lease terms (by James [NY]) Posted on: Jul 15, 2018 9:08 PM
Message:
I have a tenant with whom I originally had a one year lease with a "60 day notification to end it" clause if either party decided not to renew it. However, when this one year lease came up for renewal, neither of us wanted to renew it. So this meant it automatically became a month-to-month lease.
Now my questions are:
A - Is it legal for me to now rewrite the terms that originated in the former one year lease so that the new MTM arrangement will have much more stringent terns than the said one year lease?
B - What do I do if the tenant doesn't agree with these new - far more stringent - terms?
Many thanks for your thoughts.
James of NYC --173.48.xxx.xxx |
changing lease terms (by nhsailmaker [NH]) Posted on: Jul 16, 2018 4:04 AM
Message:
What I would do is to give tenant a NYS state approved lease termination form (notice to quit, etc ) to cancel the original lease. Then give resident the new lease. Make sure you follow the approved time frames of your laws. --24.34.xx.xxx |
changing lease terms (by Kurt [MI]) Posted on: Jul 16, 2018 4:12 AM
Message:
Check your state laws.
I believe in MI a landlord can make changes that take affect one rent period later. So if on month to month, you can make changes the 1st then they take affect the 1st of the NEXT month.
I don't know if NY operates this way or not.
If they don't agree they have to move. --68.61.xx.xxx |
changing lease terms (by Ken [NY]) Posted on: Jul 16, 2018 4:19 AM
Message:
NY state and NY city are like 2 different states so make sure anything you do is specific to NY city --72.231.xxx.xxx |
changing lease terms (by LindaJ [NY]) Posted on: Jul 16, 2018 4:34 AM
Message:
As Ken said, NYC is a different place. Here in NYS you have to give a full month's notice of any changes. So If you want it to take effect in Sept 1. you would have to notify by July 31, (august being the rental period).
What is it that you want to change? At least upstate if you don't like what is going on, you just give them the calendar month's notice to leave. So you might be able to just give them written notice that these are the new terms, (if they violate they are gone). That gives the notice of what you expect and if they stay they agree by default.
BUT NYC is a different place with a different set of rules. --108.44.xx.xxx |
changing lease terms (by Fred [MA]) Posted on: Jul 16, 2018 8:09 AM
Message:
Very useful information! Does anyone out there know how to handle this sort of an issue in Massachusetts?
Thank you. --173.48.xxx.xxx |
changing lease terms (by BRAD 20,000 [IN]) Posted on: Jul 16, 2018 12:21 PM
Message:
James,
You say AUTOMATICALLY goes to MTM. Is that spelled out in your lease? State law?
My lease is clear: automatically renews for another year with a 2.9% Cost of Living increase. Done. Nothing to fiddle with.
Why don't you want them to renew?
What stringent rules do you want to add that were not already included?
A - everything is negotiable. If you and the res agree you're golden. Put EVERYTHING in writing and everybody signs it.
BRAD --68.50.xxx.xxx |
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