Legal Question in Real Estate Law in California

Re: How to revise Rental Agreements/Leases

The information you furnished suggests that the situation is probably different from tenant to tenant. Some of them may be on legal long-term leases, some on questionably valid long-term leases, and others, who have expired leases or no leases at all, will simply be month-to-month or possibly 'at will' tenants.

You first have to determine the legal status of each tenant, and you may need the assistance of an attorney to go over the leases and other paperwork (deposit receipts, rent-payment records, etc. left you by the prior owner.

Then, after you have determined the legal status of each tenancy, you proceed accordingly by negotiating with each tenant for replacement of all the defective and expired leases and for long term leases (if that's what you want) with the month-to-month tenants.

If anyone is uncooperative, your right to demand cooperation is dependent upon tenant status. You can give the month-to-month people the choice of sigining the lease you want or getting a 30-day notice.

You probably need some help from a local lawyer in all this, and I also suggest you buy and consult a self-help law book on how to be a landlord.

Re: How to revise Rental Agreements/Leases

If the tenants are month-to-month and you are not in a rent control jurisdiction, serve each one with a 30-day notice of a change of terms of tenancy saying that 30 days after service the attached Rental Agreement shall be effective. Then they don't have to sign it for it to be effective. If the tenants have a longer lease term, serve them with a 30-day notice 30 days before the expiration of each lease. If you are in a rent control jurisdiction, you should see a lawyer.

Re: How to revise Rental Agreements/Leases

I suggest you serve a 30 day notice if these are not long term leases. I would be happy to review the leases without charge and advise you on eviction actions if you fax these to me at 714 363 0229.

Re: How to revise Rental Agreements/Leases

If they refuse to sign and if they have no lease then give them a 30 day notice and evict them.

Joel Selik

www.4thelaw.com