Q: We use a property manager for our rental. They haven't got the tenants to sign the lease -- what are our protections?
The lease on our rental ended in July, and it's now October and our property manager hasn't been able to get the tenants to sign a new lease. The property manager says they don't answer their emails. Do we have any protection for our house? How do we handle this situation? Thank you!
A:
Much depends upon the exact details and wording of the now expired lease. You may (or may not) be able to give tenant's a 30 day for cause termination of tenancy unless they execute a new lease within 14 days. Again, depending upon the wording of your expired lease, its terms may still govern and protect your interests except it is now a month to month tenancy even if it wasn't before. Or you may have very few protections in place if the terms of the past lease don't carry forward. If you really want to know your current status, take everything to a local landlord-tenant attorney for review. A single visit is likely to answer all your questions and allow you to chart a reasonable game plan for going forward.
This said, I question how well your property manager is doing their job and your reference to their reliance upon email for communicating with the tenants concerns me. Unless the written lease expressly provides for it, neither email nor text message is a lawful way of giving any sort of legal notice and even if it does, it only is permissible for giving actual notice, not usable when written notice is required. Further, even if the expired lease provided for email notice, IF the lease terms no longer apply, then email would no longer be a legal means of providing notice either.
All in all, it sounds as if it is past time for the property manager to become more assertive in getting a new lease in place. Or perhaps it is time for a new property manager.
Good luck.
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