Month to Month Tenant won't sign a lease agreement.

[crayola110]

What is the name of your state? Los Angeles, California, No rent control

Hi. I have a tenant who used to be in a 1 yr lease agreement a few yrs ago. Since then they have just been paying month to month. Also we have lost our rental agreement.
About a month ago I gave the tenant another lease agrrement (a Month To Month lease Agreement) and asked him to review, sign and return it. He has'nt returned the agreement even after i have sent him 2 signed letters and asked him in person 3 times. What am I legally allowed to do? Could I give him a 3 day notice to sign it or a 30 day notice?
Thank you very much

 

[south]

Which city?

What is the name of your state? Los Angeles, California, No rent control

Hi. I have a tenant who used to be in a 1 yr lease agreement a few yrs ago. Since then they have just been paying month to month. Also we have lost our rental agreement.
About a month ago I gave the tenant another lease agrrement (a Month To Month lease Agreement) and asked him to review, sign and return it. He has'nt returned the agreement even after i have sent him 2 signed letters and asked him in person 3 times. What am I legally allowed to do? Could I give him a 3 day notice to sign it or a 30 day notice?
Thank you very much

 

[ENASNI]

Well

Since In your other post I gave you the link to CA LL/Tenant rights you can refer to that to verify my answer.

If you want to scare the tenant into signing, then a 30 day notice to vacate would be appropriate, however it could backfire. They could leave! But at least on the 30 day (or 60 day if they have been there over a year) you do not have to state a reason.

For a 3 day to quit there has to be some breach of the lease, and you don't have a copy of that (Did you look behind the dresser?) And even if you did, I doubt one of the rules was that "when these lease ends you must sign a month to month lease".

Oh, you are sure it wasn't self renewing right?( rarely are in California... so naahhh)

If they do want to stay in the dwelling, the way to go, if you want to get their attention without resorting to dancing the dance of the seven veils...Is the 30/60 day notice. It will have them come pounding to your door saying "What huh... can I stay ... what can I Do???

Have pen ready.

Now... your homework is to read the Ca LL/Tenant law and write me a 300 page report on how to be a landlord in this... our beautiful state...

 

[crayola110]

LOL @ ENSANI. thanks a lot for the help. I think I will go read it!

 

[ENASNI]

Otay

Now I want that report on my desk first thing Monday morning... get cracking.

Good luck!

 

[south]

Errr when you have finished rolling around hystericaly which city is it in.

Yes I know I can be a right grumpy sod.

 

[ENASNI]

Errr when you have finished rolling around hystericaly which city is it in.

Yes I know I can be a right grumpy sod.

Yes you can be a right grumpy old sod... I want to know why you want to know? Does it matter if it is Reseda or Chatsworth... She said Los Angeles...and no rent control.
Are you withholding some information? You know if I tickle you you will give it up?

 

[crayola110]

I said the City. It's Los Angeles. But it's a single family residency so it's not under rent control!

 

[south]

Los Angeles and its a house? Are you sure its not under rent control or some sort of control me thinks you best check.

ENASNI there are some cities around Los Angeles that have different rules such as no rent control but eviction control and eviction exemption under certain refusal to sign new leases blah blah blah.




Dam this is hard work being me I am not only wise but fine too…

I said the City. It's Los Angeles. But it's a single family residency so it's not under rent control!

 

[ENASNI]

otay

Los Angeles and its a house? Are you sure its not under rent control or some sort of control me thinks you best check.

ENASNI there are some cities around Los Angeles that have different rules such as no rent control but eviction control and eviction exemption under certain refusal to sign new leases blah blah blah.




Dam this is hard work being me I am not only wise but fine too…

Well my dam fine friend... our crayon pal here is not wise to the world of landlording and there is a list of rentcontrol areas on that there list... If they do their homework they will be able to come back... CRAYOLA ya hear me? And post the city within the city of LA... then we can all find out if MY damn Fine advice applys... sound like a deal?

 

[scophreak]

Just a question from my (limited) understanding of LL/T laws...

What would be the advantage of having the tenant sign a new month to month agreement? Since the original lease has expired (and I'm assuming that it is not self-renewing as ENSANI already pointed out), the tenant should already be on a month to month basis. Unless you want to change something about the agreement (rent amount, etc), I don't see an advantage to having them sign a new agreement. If I am wrong about this, please enlighten me...

 

[ENASNI]

Just a question from my (limited) understanding of LL/T laws...

What would be the advantage of having the tenant sign a new month to month agreement? Since the original lease has expired (and I'm assuming that it is not self-renewing as ENSANI already pointed out), the tenant should already be on a month to month basis. Unless you want to change something about the agreement (rent amount, etc), I don't see an advantage to having them sign a new agreement. If I am wrong about this, please enlighten me...

Since Crayola does not have the original agreement, and may have need in the future to write a 3 day to quit on something that breaches the agreement, there needs to be a signed agreement with rules in it. It is always good to have a signed agreement. There are numerous other reasons too but hopefully that turns a light on.

 

[scophreak]

thanks for the lesson...I'll make sure to keep a note of it in my handy notepad