Beware Tenant's Rental Agreement
(I'm posting this "Landlord Tip" because: I was recently read the riot act by an angry reader, who claimed to be a landlord, but I suspect is really a tenant. "Why would you say such a thing? That implies that landlords have an attitude against tenants and that you are assuming that landlords shouldn't trust a tenant's lease! That is awfully ONE SIDED!")
Well, after many years of experience of dealing with tenants, I must say I prefer good tenants who agree to my lease and agree to follow my rules. You decide.
Some tenants come with their own lease agreement already prepared for you - by their attorney in many cases. Watch out! First of all, I have never had good experiences with tenants who are experts on landlord tenant law. Secondly, it is only logical that the tenant's lease will contain more tenant protection than it will have landlord protection. There is usually a good reason the tenant wants to use his own lease agreement. You can bet there are lots of innocent seeming little clauses in there that wouldn't even raise an eyebrow, but can cost the landlord plenty. Just stick with a landlord lease. - John C., BVR Mgmt
(This applies to month to month tenancies or if your lease allows you to make unilateral changes to the tenancy as the LPA Lease does.)
* It is important to remember that proper notice must also be given by the tenant or the landlord for the Intention of Non - Renewal. Even though the lease has an expiration date, the landlord must still require a written notice to vacate from the tenant.
If it is a 30 or 60 day notice, be sure that the written notice is served before the beginning of the next rent period. That means if the rent is due and payable on the 1st of the month, have the notice served before that date. Serving a notice in the middle of a rent period will not change the fact that the 30 or 60 days notice period starts on the first day of the next rent period. An official dated notice should be delivered / "served" to the tenant,
- in person (preferable)
- sent by certified mail- return receipt requested
- regular first class mail combined with the above. We recommend getting a certificate of mailing receipt from the post office whenever you mail an official notice by 1st class (regular) mail.