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  1. #1
    Join Date
    Mar 2006
    Location
    Los Angeles
    Posts
    17

    Unhappy Tenant Refuses To Sign A New Contract With The New Landlord

    I have a propety in the Los angeles County where i rent out some houses, and recently i sent out new contracts for all the tenant's to sign. I have one tenant that refuses to sign the contract because he isn't happy with the new terms and rent increase. This Tenant hasn't had a contract since 2005 and he want's me to honor the old verbal agreement he had with my father who has passed away and who was the old landlord. This tenant is trying to run the show and gave us one month to change the contract to his terms. My questions is if there is anything i can do in order to get him to sign the new contract with the new landlord which is me, or if there is a way to have him evicted. Please can anyone help.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tenant Refuses To Sign New Contract, With New Landlord.

    this doesn't answer your question but;

    if you are intending on being a landlord, you need to research and learn all the landlord/tenant laws for your area so you can act as allowed by law and not be taken advantage of.

  3. #3
    panther10758 Guest

    Default Re: Tenant Refuses To Sign New Contract, With New Landlord.

    What was the old verbal agreement and what was the duration of that agrteement. This tenant doe snot get to decide how much rent he pays etc YOU DO! Long as its not in violation of any prexisting agreement you can raise rent. I suggest you give him the agreement again (certified mail) an attach a note that if he fails to turn in the signed agreement you will assume he is giving you his 30 day notice. If he fails to pay or pay correct amount of rent then serve him with a 3 day pay rent or wuit notice. If he still fails to pay begin eviction process. First before anything find out about that agreement. Also it would be wise to contact a Tenant/Landlord Attorney and find out your rights as a property owner

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Tenant Refuses To Sign New Contract, With New Landlord.

    Unlike most states, California provides a very readable summary of the state's landlord-tenant laws. You can find it here.

    You need to check the old lease to see if it renews automatically in one year terms (or other terms) or requires more than a rental period's notice for modification of rent (even after it expires), and also need to be sure that your proposed rent increase isn't running afoul of any rent control laws in your community.

    If he's a month-to-month tenant, you can serve him with a notice to quit if he doesn't sign the new lease, and you can evict him if he continues to refuse. You can also give him notice of a rent increase (within the confines of whatever the existing lease allows and rent control laws and ordinances), upon thirty to sixty days notice. (Details here.)

  5. #5
    Join Date
    Mar 2006
    Location
    Los Angeles
    Posts
    17

    Default Re: Tenant Refuses To Sign A New Contract With The New Landlord

    can i also give him 3 day for being a nusiance with the landlord or is that only for other tenants.? and also by law is he required to have the a new contract signed with the new landlord?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tenant Refuses To Sign A New Contract With The New Landlord

    can i also give him 3 day for being a nusiance with the landlord or is that only for other tenants.?
    Huh? Do you live there? How is he a nuisance to you (other than being a pain in the butt about this lease)

    and also by law is he required to have the a new contract signed with the new landlord?
    again, Huh? if the LL (you) require him to sign a lease, then you can require him to sign a lease. If he refuses, then boot him (as long as requiring him to sign this specific lease is not contrary to any regulations in place).

  7. #7
    Join Date
    Mar 2006
    Location
    Los Angeles
    Posts
    17

    Default Re: Tenant Refuses To Sign A New Contract With The New Landlord

    Ok Let me rephrase. I Don't live on the property, I live else were but the house's are in Los Angeles were there is rent control. Now about being a nusiance yes being a nusiance with me cuz i read that you can evict him for being a nusiance with other teant's, but my question is, is that the same for landlords. Now about the Contract I was told that he is not required by law to sign anything, so i just want to know if that is true. Because i believe he has to have a updated contract with the new LL (Me), because the old one he had was with my father and i he can't have a contract with someone who has passed becuase it is now longer vaild.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tenant Refuses To Sign A New Contract With The New Landlord

    i read that you can evict him for being a nusiance with other teant's, but my question is, is that the same for landlords.
    You have to understand what is meant when they speak of a nuisance. If you do not live there, he cannot be a nuisance to you. It is intended to address loud and troublesome neighbors.

    Now about the Contract I was told that he is not required by law to sign anything,
    by whom?

    Because i believe he has to have a updated contract with the new LL (Me), because the old one he had was with my father and i he can't have a contract with someone who has passed becuase it is now longer vaild.
    You need to read the landlord tenant laws including any local laws, especially regarding rent control. His lease vrey well could be valid if he has one. It is not dependant on your father being alive. Whomever takes possession of a property while there is a lease in force is required to continue that lease through completion.

    So, you were asked before, how long is the lease? Does it have automatic extensions? those are very important questions if you want an answer.

    and for your sake, find and read the rent control ordinances that pertain to your property. I do not have access to them so you are on your own unless somebody else can help you there.

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