Do home owners have even rights?
My tenants who were a couple split up and one of them moved out while they were renting month to month. The remaining party was supposed to sign a new lease with their name only last one and half month but they have been silent. They have full time jobs, they never been affected by COVID unemployment etc. If they dont sign the new lease what is my option?
One party already left and remaining should have signed month to month with his name and he is ignoring my request. If he does not sign the new month to month I guess I have to ask him to move out because as some of you responded that the party who moved out is still legally on the lease.
- CaitlinLv 61 month agoFavourite answer
Homeowners do have rights. The lease is month to month which means that the lease can be terminated and only a month's notice will have to be given first. It sounds like the remaining tenant is trying to get out of signing a new lease by being silent and ignoring your requests. Send a new lease certified mail with a notice to sign the lease by a reasonable date and time. If the lease is not signed by a reasonable date and time then send the remaining party a certified mail with a notice of eviction and the date that the remaining party has to be moved out by.
- SlickterpLv 71 month ago
Then they are simply month to month.
- MaxiLv 71 month ago
You send a copy of the new terms of contract, as they are only month to month, you just need to give them 30 days notice of any new terms which they know comes into force by x date, regardless of if they sign or not they are legally bound by the new terms
- sunshine_melLv 71 month ago
You send them a new lease with notice - either they sign, or they move. They're month to month, so you just need to give one full month's notice.
Until/unless a new lease is signed, both previous tenants remain fully on the hook for the apartment (rent, damages etc)
- What do you think of the answers? You can sign in to give your opinion on the answer.
- Girlie ElectricsLv 71 month ago
If the tenant who remained stops paying rent or trashes the place, then you get to sue both parties, instead of just the one.
I really, really don't see what the issue is for you.
- SlumlordLv 71 month ago
If they are abiding by the old lease and its still in effect, then why do anything - you are getting paid. If the lease has run out or if they haven't paid you, then evict them as soon as you are able.
- SimplytheFACTSLv 71 month ago
the old lease stays in effect, with both people on the lease.......
- Incorrect AnswerLv 61 month ago
I'd send them a letter saying you want them in a new lease and this is their last chance to cooperate, if they ignore that then give them 30 days notice, if they are not gone by the end of that go to court. They might be planning on going if they haven't asked for a new one. They don't have to sign a new one and can stay until a court says you can evict them, they will say yes but you have to wait for the decision.
- ScottLv 71 month ago
When you leased out your home you became a landlord.
- TavyLv 71 month ago
You start eviction.