How long should we allow tenant to decide?


#1

California law says,
for less than 1 year lease, landlord is to give at least 30 days notice of offer of renewal.
for more than 1 year lease, landlord is to give at least 60 days notice of offer of renewal.

But how long should we allow tenant to decide whether to accept the renewal?


#2

30 days or 60 days?


#3

Only you answer? I read through the contract law a few times, nothing specifically on lease longer than month-2-month. It seems to say, both sides don’t have to give any notice, when the lease expires, tenants have to vacate if no new lease is signed or landlord accept their rents then it goes into month-2-month.

Non-government sites advise landlords to give 60-90 days before expiry courtesy offer of renewal or termination and 30 days courtesy notice to respond before marketing the rental, and advise tenants to give 30-day advanced courtesy notice of termination or renewal if didn’t receive any notice from landlord. I was just wondering is this a practice or there is a law for this.


#4

You can normally give 30-45 days time to decide. In case they do not like to continue, they need to look out for new home and move out. My property manager serves notice 30-40 days ahead, clear 30 days before the lease expires.

I had never given notice to any tenants, in view of rent increase, except only one tenant with 60 days to vacate at the end of lease period, this year, as I had decided to sell that home.

Correct.


#5

Do he start marketing the rental before the 30-40 days is up? Or wait for 30-40 days are over?


#6

This is not even a question. Tenant always renews unless they tell you they are leaving. I don’t have time to renew leases all the time… too much work!!!


#7

So far is like that. However economic conditions may change, we need to know how it is done even though we didn’t face the situation yet. Be ready!


#8

wuqijun is right on “Tenant always renews unless they tell you they are leaving”.

If tenant wants to go, they need to give notice. Even if the tenant gives notice, my property manager starts the work just 7-10 days before they actually leave. Most of the time, we seamlessly bring the new tenant in 2-7 days gap (mainly for cleaning).


#9

Hanera, how much time do you need to get a new tenant? If it takes you 30 days to get on a painter’s schedule, then give them 30 days. If you need longer to prep the house, ask for longer.

I’d say, though, it’s fair to ask tenant to tell you 30 days before the lease is up.