PLEASE HELP - tenant doesn't want to move out

[faridm]

Los Angeles, CA.
I have a very unusual situation here. I'm an owner of the condominium which I purchased about 2 months ago. My original agreement with seller was that I will let the existing tenant remain there until the lease expires (which is August 2001). After closing, I fond out from tenant that he/she has the contract until the August 2002 (which date was never mentioned before). After find this out I came back to the seller and real estate agents that represent seller and was told that the is NO contract and that the papers he has are not legal. Tenant basically has the letter from the seller dated on December 2000, offering to extend the lease (original lease was made in 1997) until 2001 and also letting the tenant know that if he/she wants to extend the lease until the 2002 then there will be new conditions and rent will be increased (seller put the actual number in the letter). To this letter tenant replied saying that he/she interested in extending the lease until 2001 and for the 2002 he wants the seller to send the new contract and after reviewing it he will sign it, his exact words: "Please send me a lease with new terms, I will review it and sign". Tenant also asked the seller to fix some things in the unit and clean the carpet, this was kind of condition that he wants this things to be done so he can extend the contract.
After this latter, seller never sent back any leases and decided to sell the property which happened later, in April 2001.
I need an advice, I don't know what I should do...I don't want to make a noise and hire lawyers... I need to know if the tenant is right and if he really has right to remain in the property until August 2002. I really need to move to the new place in September, therefore I'm trying to work it out with tenant and have him move out on August 2001, but I need to know my right in case of tenant doesn't move by that time.

Thanks!
Fred

 

[dj1]

If you have something WRITTEN in your contact with the seller the lease runs out in 2001....then it does.

Are you paying separately for heat, water, garbage, lawn maintenence?

Well ELIMINATE ALL OF IT.......you can,

Or better yet since the rent can only increase by X amount tenant will be responsible for ALL REPAIRS and Maintenence INCLUDING Carpet cleaning.

Hey why not add this.....ALL Rent is due and payable on the 1st, and rent recieved after that date is considered late and subject to a 5% late fee.

That should increase the cost a lot so he wont sign the new lease, BUT if he does well you GOT A VERY BIG rent increase.

[Edited by dj1 on 06-05-2001 at 10:44 PM]

 

[faridm]

The problem is that I don't want them to stay at all and want them out asap.
They always pay on time (so your case wouldn't work, plus I'm not interested in that, I want to move in myself... as I'm living and renting apt. myself. This is a condo, and all utilities and stuff is on their name and paid by them... Water include in home owner and I that that.
My question was if based on what I have wrote tenant reall has the contract and can stay there.
I can scan these 2 letters and post them, but I guess I can't attach them. Would you mind giving me your email, so I can send them to you as scanned image?
I reall need to get them OUT by the end of august. It all might be OK and they might move by themselfs, but I want to insure myself and be prepared in case of they wont move out. Also I want to mention that tenants wife is a lawyer...and that makes the whole thing harder...