Start your membership account today...  Access to credit reports, 100's of rental specific forms, agreements, letters, checklists, how-to articles, guides, expert advice and much more!  Even a FREE, 3-day trial!

Not a Member?
Get a Free Trial Membership

  Get FREE Stuff! Run Credit Report Rental Forms  Shop & Buy Forms!  Advertise Your Rental Customer Care

Welcome to Landlord.com's Discussion Forum
Register Latest Topics
 
 
 


Reply
  Author   Comment  
rp

Registered:
Posts: 24
Reply with quote  #1 

Hello.  Relatively new landlord.  I'm using a pretty standard CA lease agreement with the normal provision about when the lease expires, it just goes month to month.  My tenants have been going month to month for about three years now. No problems so far; good tenants.

I have just raised the rent a small amount and notified them 60 day's prior. (only 30 days is required for the amount I raised it in CA, so the extra 30 days as a courtesy).  No complaints from the tenants.

I am reading the lease template that I am using and I see where it says the lease renews automatically each month. Fine..  but couldn't I argue if I was a tenant that it should renew (each month) for the original rent amount?   I know that my lease in "Section 14", during the month to month term, does allow me to request they vacate with a 30 day notice. So if they were to object, I could just ask them to leave (i.e. just not renew the next lease at any upcoming month.)  So i'm not too worried about it.  

So, my question is what is the usual/ typical language in a lease that allows you to raise the rent when going month to month?  Maybe there is nothing like that because it's not needed? 

Follow-up question.. any recommendations on a good lease template?  The one I am using seems a bit out of date anyway since it has a length section about phone jacks.  (remember those? lol) 

Thanks all!  I did copy/ paste the two relevant sections below.  

-R
---------------------------------------

1. Term: The term of this agreement shall be for a term of _____________, beginning on the __________________, and ending at midnight the ____ day of  ___________. This Lease Agreement will automatically renew month-to-month unless either party gives at least thirty (30) days written notice of termination or intent to vacate as required by paragraph 14.
 
A. Payment of Rent. 
Tenant agrees to pay rent to Owner in advance and without demand. Rent and/or other charges are to be paid via postal mail to on the first (1st) of the month. All payments are to be made via InterBank transfer, check or money order. If paying by check or money order all payments are to be made payable to: ________________________________
 
OWNER acknowledges receipt of the First Month's rent of $________ and a Security Deposit of $______________,  and additional charges/fees for ___________,  for a total payment of $______________.  
 
Tenant agrees to pay to Owner $______________ commencing on the first day of the month of _________ and thereafter on the first day of each succeeding month. For calculation and proration of rent, each calendar month is a 30-day period
OHlandlord

Registered:
Posts: 3,720
Reply with quote  #2 
You don't need special language in the lease to raise the rent after the lease term ends.  You do need to be sure there isn't a local or state law on the amount of the increase.  Many areas of CA have laws on the amount of increase.  I would give 60 days notice of the increase, in case that is required.

If you do want to ask them to leave, a 60 day notice would be required.  They have lived in the unit longer than a year so a longer notice is needed.
rp

Registered:
Posts: 24
Reply with quote  #3 
Thank you for the assurance of no special lease term language being necessary for raising the rent when on "month-to-month".  Yes, CA does have parameters around amount of increase and minimum notification timeframes.

-R
Previous Topic | Next Topic
Print
Reply

Quick Navigation:

Easily create a Forum Website with Website Toolbox.

Apartment Finders > > Member Log-in > Free Trial Offer > Free E-newsletter > Customer Service > Get Free Stuff! > Run Credit Report > Rental Forms > Vacancy Center > Do-it-yourself > Evicting Your Tenant > Foreclosure Resources > Landlord Discussion Board > Income Tax Resources > Information Center > Join Landlord.com > Landlord Law > Library > Multi-family > Professional Advice > Rental & Property Mgmt > Rent Collection > Repair & Maintenance > Security Deposit > Software Center > Tenant Screening > Vacation Homes > What's New > Rental Agreements > Free Leases > Inside Our E-store > > Security Deposits > > Landlord Daily News > Rental Agreements >
LandscapingSanJose.net Resources: Cleaner Sunshine coast