If my tenants lease expired 15 years ago and she is now on a month to month can I make a new lease?

Question

My tenant has been taking advantage of my generosity and has been abusing the fact that we pay utilities. Her original lease expired more than 10 years ago so i would like to make a new lease making it clear that she will have to cover her own utilities. FYI..i'm in rent control!!

Answer 1

Ya, this will depend on the laws of your area.  Where I am in Ontario, Canada, it doesn't matter if there is a lease or not, as a landlord I am still limited in how much I can raise the rent in any year.  I could start a new lease but I wouldn't be able to change anything as far as who pays what or how much.

Answer 2

I don't see why not. If she doesn't like it, she can move out. Sometime soon, like this week, send her a letter that says starting October 1st (or whenever you want it to be), you will be changing over to a 12 month lease that will have different clauses and stipulations. It would be a good idea to write up the new lease and send it to her, so that she has a chance to decide whether she wants to sign it or not. You have to give her at least 30 days, so I wouldn't advise changing it for September 1st.

She is going to be pissed of course, but that's the way it goes.    

Answer 3

Yes, you can.  The thing i want to ask you is if you will wish you were more generous if this tenant ends up leaving.  During an economic downturn, i have to deal with tenants that aren't as good.  Not because they are bad people; they just get laid-off.  And once laid-off they take longer to get reemployed.  So i dream of anyone who will stay in my rental for 5 years or 15 years.

But you already know that and you are tired of this tenant.  YOu can give her a 30 day notice to leave.  She has to leave.  Or be generous and give her 90 days in writing.  You can start fresh. /

Answer 4

Yes, she's on a month to month right now.  Yes, you can make a new lease.  Rent would be subject to your rent control.  You would need to give your tenants a 30 day notice (CA law, check our area) for the new rents and utilities items.