My tenant signed the lease renewal, but I have not signed yet, can I terminate the lease?

[jsteven]

My tenant signed the lease renewal agreement starting June 1st, but I have not signed it yet. The tenant has not paid May's rent yet and has been in violation a few times in the past. I would like to terminate the lease, i.e. not renew it from June 1st onwards.

Since the tenant has signed it, am I still legally bond to honoring the lease for another year.

Thanks much!

UPDATE: This property is in Utah

 

[Zigner]

What US state?

 

[justalayman]

What does your lease say about renewal?

I have to presume you sent them the renewal agreement. Is that correct?

If so, if they accepted your offer of a lease extension as written, you are bound by it.

 

[xylene]

I would like to terminate the lease, i.e. not renew it from June 1st onwards.

I think you mean july 1, since you are too late.

I suggest you get a lawyer.

 

[not2cleverRed]

My tenant signed the lease renewal agreement starting June 1st, but I have not signed it yet. The tenant has not paid May's rent yet and has been in violation a few times in the past. I would like to terminate the lease, i.e. not renew it from June 1st onwards.

Since the tenant has signed it, am I still legally bond to honoring the lease for another year.

Thanks much!

Has the tenant been issued a "pay or quit" notice yet? (Assuming rent is due on the 1st, and the 10th is beyond the grace period.) That might give them the hint that they're not completely welcome.

What does your lease say?

As Just pointed out, your tenant was able to sign a lease because you presented the tenant with a renewal lease. In doing so, that implies that you were open to the lease being renewed.

Don't play games. Follow the law. Assuming you are in the US, less than 30 days notice is unacceptable, as Xylene pointed out.

 

[jsteven]

What US state?

This is in Utah

 

[jsteven]

What does your lease say about renewal?

I have to presume you sent them the renewal agreement. Is that correct?

If so, if they accepted your offer of a lease extension as written, you are bound by it.

Got it! Thanks much for that information. Makes sense!

 

[jsteven]

Has the tenant been issued a "pay or quit" notice yet? (Assuming rent is due on the 1st, and the 10th is beyond the grace period.) That might give them the hint that they're not completely welcome.

What does your lease say?

As Just pointed out, your tenant was able to sign a lease because you presented the tenant with a renewal lease. In doing so, that implies that you were open to the lease being renewed.

Don't play games. Follow the law. Assuming you are in the US, less than 30 days notice is unacceptable, as Xylene pointed out.

My lease agreement ending May 30th says that they need to pay the rent by the 5th. After that they will be charged a late fee and daily fine till the 15th. If rent is not paid till the 15th, then we can evict them.

They have made late payments in the past, but this time it is way past. Stopped returning phone calls, text messages, emails.

Hence wanting to understand my rights..

 

[xylene]

Hence wanting to understand my rights..

I think as a landlord that if you don't understand that a self help eviction is not legal and a good way to end up much worse off, then the time for DIY eviction is quite past. You have a problem tenant, and you've compounded the situation with the lease. You really need a lawyer on your team for this.

 

[Zigner]

My lease agreement ending May 30th says that they need to pay the rent by the 5th. After that they will be charged a late fee and daily fine till the 15th. If rent is not paid till the 15th, then we can evict them.

Not exactly. Only a court can evict the tenant. You can begin the process on the 15th. per your state's law. I will say that it's unfortunate that your lease restricts your from beginning eviction proceedings until the 15th of the month. Without that clause, you could begin taking steps towards an eventual eviction the day after rent is due but unpaid.

 

[Zigner]

In my last post I said you can begin the process on the 15th, but that is incorrect. You can begin the process on the 16th.

 

[not2cleverRed]

My lease agreement ending May 30th says that they need to pay the rent by the 5th. After that they will be charged a late fee and daily fine till the 15th. If rent is not paid till the 15th, then we can evict them.

They have made late payments in the past, but this time it is way past. Stopped returning phone calls, text messages, emails.

Hence wanting to understand my rights..

You still REFUSE to reveal what US state you are in.

You have the legal rights afforded you by the laws governing your state, county and municipality.

Illegal clauses in a lease are unenforceable. That means that if the law says you have to post a "pay or quit" notice before pursuing an eviction, then regardless of what your lease says, you have to obey the law.

So, what state are you in?

 

[jsteven]

You still REFUSE to reveal what US state you are in.

You have the legal rights afforded you by the laws governing your state, county and municipality.

Illegal clauses in a lease are unenforceable. That means that if the law says you have to post a "pay or quit" notice before pursuing an eviction, then regardless of what your lease says, you have to obey the law.

So, what state are you in?

Oh, sorry. I replied to another post stating I am in Utah

 

[jsteven]

Has the tenant been issued a "pay or quit" notice yet? (Assuming rent is due on the 1st, and the 10th is beyond the grace period.) That might give them the hint that they're not completely welcome.

What does your lease say?

As Just pointed out, your tenant was able to sign a lease because you presented the tenant with a renewal lease. In doing so, that implies that you were open to the lease being renewed.

Don't play games. Follow the law. Assuming you are in the US, less than 30 days notice is unacceptable, as Xylene pointed out.

I will be sending them a "pay or quit" notice today. We gave them time till 5th to pay.

 

[FarmerJ]

Not2 in line number / post number 7 he post it as Utah . OP once they are gone do not give such a generous grace period in your next lease you offer to a tenant, instead go with a due date of the first and If your state has not mandated a grace period then move right into filing for a court ordered eviction.