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Lease (by Dave [IL]) Jan 10, 2014 3:58 PM
       Lease (by BillS [CO]) Jan 10, 2014 4:03 PM
       Lease (by Sue [IL]) Jan 10, 2014 4:15 PM
       Lease (by Dave [IL]) Jan 10, 2014 4:31 PM
       Lease (by CarolJ [CA]) Jan 10, 2014 4:35 PM
       Lease (by Dave [IL]) Jan 10, 2014 5:18 PM
       Lease (by CarolJ [CA]) Jan 10, 2014 5:36 PM
       Lease (by Mike45 [NV]) Jan 10, 2014 8:33 PM
       Lease (by Cal [NY]) Jan 11, 2014 8:32 AM
       Lease (by V [OH]) Jan 11, 2014 4:53 PM
       Lease (by Sue [IL]) Jan 12, 2014 3:13 PM
       Lease (by John... [MI]) Jan 13, 2014 6:25 AM

Lease (by Dave [IL]) Posted on: Jan 10, 2014 3:58 PM

State Specific Question About: ILLINOIS (IL)

Hi Guys & Gals, now that I have been on this site for a while I have put all the good suggestions into my lease. My question is do I have to wait until all my leases run out to use my new lease or can I give a 30 day notice and give them the new lease?

Lease (by BillS [CO]) Posted on: Jan 10, 2014 4:03 PM

You must wait if you have a lease. If you have Month to Month agreements then give notice according to the agreement.

Lease (by Sue [IL]) Posted on: Jan 10, 2014 4:15 PM

Yup, gotta wait. And if you're making significant changes, it would be a good idea to let tenants know about them in advance. If they think they're just signing a renewal of the old terms, they could be mighty unhappy. I give my tenants plenty of advance notice of an major changes so that if they don't like it, they can still give notice in time.

Lease (by Dave [IL]) Posted on: Jan 10, 2014 4:31 PM

I do have my new lease on my web site so I could direct them to the site.

Lease (by CarolJ [CA]) Posted on: Jan 10, 2014 4:35 PM

Don't they read before they sign a legal and binding contract? --71.177.xx.xx

Lease (by Dave [IL]) Posted on: Jan 10, 2014 5:18 PM

Carol, you and me and every one else on this site would read every last word but I have yet to see a new tenant read my lease before signing it. I think they think it is all just a standard lease.

Lease (by CarolJ [CA]) Posted on: Jan 10, 2014 5:36 PM

Dave, I know it just seems ridiculous that someone would sign an enforceable contract without thoroughly reading it. The more I read about some of these tenants, the more it sounds like your job is half babysitter and half bill collector. --71.177.xx.xx

Lease (by Mike45 [NV]) Posted on: Jan 10, 2014 8:33 PM

For any lease with a fixed term (such as a one year lease), you cannot make changes until the end of that fixed term. For a M-T-M, you can make changes effective at the end of the next cycle.

I don't do it, however. I don't make a lot of changes in my leases, and when I make a change, I just start usign the new form for the new tenants. I don't bother the old tenants -- it is not as if any change in my lease provisions will be all that significant. Now, if I lived in IL and wanted to add a provision about the T being responsible for keeping the heat on at a minimum of 50 degrees, well, maybe that is worth changing all the leases!!

Lease (by Cal [NY]) Posted on: Jan 11, 2014 8:32 AM

Well ... yes and no honestly. Yes you can give them an ammended lease with your new "requirements" or whatever you are changing - but they would need to sign it (aka agree to it). If they don't sign it, then you don't get to change it.

Depending on what you are going to be changing I would suggest that you wait (such as auto-renewal, rate increases, etc).

However, if it is something that you are running into because of what you have seen them do or are afraid of them not doing, etc (leaving garbage out on the lawn or not following / violating code whether it is fire, local, etc - then I would not necessarily put it in a lease change form - I would send them notice.

Lease (by V [OH]) Posted on: Jan 11, 2014 4:53 PM

I always allow 45mins to go thru the lease and explain what happens when this or that is not followed - it is a double edged sword, so it can hurt the owner also.

Lease (by Sue [IL]) Posted on: Jan 12, 2014 3:13 PM

All my tenants read or have the lease read to them. I go over each clause and have them initial next to each one so that I KNOW it's been covered. If they ever question anything, I can point it out and show that they initialed it.

Lease (by John... [MI]) Posted on: Jan 13, 2014 6:25 AM

Indeed -- to clarify what Cal said (and to correct what too many people said above), you absolutely CAN do a new lease at any time -- even during an existing lease period -- provided that BOTH PARTIES AGREE to the changes.

What most are really saying above is this: You cannot enforce any new lease or changes to your old lease that both sides do not agree to.

And putting it on your web site, trying to enforce anything new, and just hoping they didn't read the original is NOT a good policy, IMO. If anything went to court, you're going to have to show a judge your copy of the SIGNED agreement. They likely wouldn't be very happy to discover that you were trying to enforce clauses that weren't in there hoping that no one would notice...

In other words, do it right -- be honest -- and rent on! :)

- John...

Subject: RE: Lease
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