Can I Have Tenants Sign New Lease If I Let Old Lease Expire By Accident?
Full Question:
My wife and I have been renting our investment property (a 4 bedroom house) to a young couple for 2 years now. The first year's contract was a 1 year lease; the year 2 contract was a lease extension which expired on June 14, 2009. Due to a serious family health situation, I inadvertently allowed the lease to expire without sending our tenants a year 3 extension to sign. Question: Must I start again with a full lease contract or can I (if the tenants agree) use another lease extension form? If I can use the extension, what dates do I put in?
07/06/2009 |
Category: Landlord Ten... ยป Lease Termin... |
State: California |
#17365
Answer:
If a lease expires, it is no longer in effect. A tenant who stays on after a lease expires is typically considered a monthly tenant-at-will if rent is paid monthly. An addendum is used to add terms to a contract currently in effect. Because of the unenforceable nature of an expired contract, it is best to reestablish the terms in a new contract to avoid future issues and confusion over interpretation.
