Oral Lease vs. Written Lease, Month to Month Rental – Part Three

MONTH TO MONTH LEASE – ORAL & WRITTEN

Part Three

This is the third and final part to the blog addressing the benefits of a month to month oral lease vs. a month to month written lease. ( View Part One and Part Two)

We have discussed the:

  • Pro’s of  ORAL (non – written) month to month rental
  • Con’s of  ORAL (non – written) month to month rental
  • Pro’s of WRITTEN month to month lease.

We will conclude by discussing the Con’s of a WRITTEN month to month lease.

Having a month to month written lease doesn’t give the landlord any grater peace of mind than an oral month to month lease.  A written month to month lease still gives the tenant an easy and fast way out of the lease with a short notice period. The tenant can leave at any time they desire, so long as they give the landlord at least 15 days’ notice prior to the end of the monthly rental period.  This means the landlord has no peace of mind that his unit will be occupied for the year. The tenant can move out and now the landlord is stuck cleaning up the unit and re-renting, costing the landlord a lot of extra money and loss of rental income.  This is a major disadvantage of a month to month tenancy – whether it is with an oral lease or written lease.

However based on the total Pro’s and Con’s of a monthly oral lease vs. a monthly written lease (that we discussed in these 3 blogs) I would always recommend, (unless the landlord has extenuating circumstances)  having a written one year lease, over having any type of month to month lease.

Bottom line, if you need to go month to month, there are more benefits and protections having a written month to month lease over having an oral month to month lease.

About Octazon:  Whether you own a few properties or hundreds of properties in Florida, Octazon Management, LLC is here to simplify property ownership and management. We can help you manage any and all of your properties.  At Octazon we provide simplicity & peace of mind.  Octazon uses cutting edge, cloud based property management software that fully integrates the entire property management and financial process enabling the investor direct access to valuable owner/investor information 24/7.

When providing management services to Realtors, Octazon will NOT provide the leasing, rentals or sales – so you never have to worry about losing control of your relationship with the owner. 

Providing Simplicity and Peace of Mind™ 

Call us 954-674-2467 or email us at info@octazon.com today.

Check us out @ www.octazon.com 

SINGLE FAMILY HOMES * MULTI FAMILY * COMMERCIAL -OFFICE- INDUSTRIAL

Tenant’s Dangerous Dog – Pit Bulls and Others

THE PIT BULL DILEMMA

Imagine going to visit your rental property for a check up or to deliver a 3 day notice and to your surprise your tenant recently got a new roommate – a pit bull or some other similar dangerous breed. Other than run, what else should or can you do? Your tenant’s dangerous dog may be more than just a worry – it could be a legal liability. ( See our blog post here about Landlord liability for dog bites)

In general, a pit bull is a dangerous breed and to own one may likely be in violation of many city and or county codes and ordinances.

So what can be done about a tenant’s dangerous dog or other pet?

Step 1: Check your local code and ordinances. For example: It is illegal in Miami-Dade County to own or keep American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers, or any other dog that substantially conforms to any of these breeds’ characteristics, and there is  a $500 fine for acquiring or keeping a pit bull dog .  Broward County has not been successful in passing a law banning pit bulls. However in the City of Lauderhill, while they don’t ban pit bulls, they do have a pit bull regulation for dogs that have previously attacked, requiring its owner to maintain significant insurance.

In 1990, Florida legislators banned any municipality from passing legislation that targets a particular breed — laws often referred to as breed-specific legislation, or BSLs. Such a ban against pit-bull type dogs only survives in Miami-Dade County and any other county whose county wide ordinance pre-dates the state law.

Step 2 : So long as the tenant is not claiming their pit bull is an assistive animal, if your local code considers a pit bull a dangerous breed, then  you can insist that the tenant immediately remove the pit bull or be subject to a 7 day notice of termination of lease.  However, if there are no local ordinances regulating the pit bull then so long as the animal is well behaved, you are out of luck and your only option is not to renew the lease.

Going forward: To control the decision of having or not having pit bulls or other dangerous breeds on your property,  you should consider adding the following language to your prospective tenant application form:

Pets are permitted only on certain properties at the sole discretion and written approval of the Property Owner and upon signing a “Pet Addendum” to the lease. Only small to medium sized, non-violent, common domesticated animals will be allowed on any property that permits animals. Farm animals, snakes, other reptiles, exotic animals, and any large or aggressive animal will not be approved including but not limited to: Rottweiler’s, American Staffordshire Terriers (pit bulls), American Pit Bull Terriers, Dobermans and German Shepherds.

Of course – you must waive any animal restriction in a case where an animal is proven necessary to accommodate a person with a disability.

We will blog at a future date on how to address a request from a tenant who insists that their dangerous breed – assistance animal live with them.

About Octazon:  Whether you own a few properties or hundreds of properties in Florida, Octazon Management, LLC is here to simplify property ownership and management. We can help you manage any and all of your properties.  At Octazon we provide simplicity & peace of mind.  Octazon uses cutting edge, cloud based property management software that fully integrates the entire property management and financial process enabling the investor direct access to valuable owner/investor information 24/7.

When providing management services to Realtors, Octazon will NOT provide the leasing, rentals or sales – so you never have to worry about losing control of your relationship with the owner. 

Providing Simplicity and Peace of Mind™ 

Call us 954-674-2467 or email us at info@octazon.com today.

                                 Check us out @ www.octazon.com 

SINGLE FAMILY HOMES* MULTI FAMILY *COMMERCIAL – OFFICE – INDUSTRIAL

ORAL LEASE VS. WRITTEN LEASE, MONTH TO MONTH – Part Two

MONTH TO MONTH ORAL LEASE & WRITTEN LEASE

Part Two

As I mentioned in part one of this blog – I recently I had an investor ask me about the benefits of a month to month oral lease vs. a month to month written lease.

(To Read Part One of This Blog , Click HERE)

We will now discuss the Pro’s of a WRITTEN month to month lease.

Pros of a WRITTEN month to month lease:

A month to month written lease could be a blessing, since it allows the landlord to have a short lease period. The tenant only gets to stay until such time as Landlord decides to terminate the lease. The law clearly states that a month to month tenancy can be terminated by either party giving at least 15 days’ notice prior to the end of the monthly rental period – unless the written lease provides for a longer period.

Another PRO is if a landlord is not sure that they want to have this tenant for a full year OR if they are not having any difficulties with the current tenant and would like to extend the lease but the landlord is not sure they want this existing tenant to stay for another full year, then a written month to month tenancy may work for you. However, if the landlord wants to go that route, then, before the existing lease expires, the landlord should notify the tenant that the landlord is non-renewing the lease and is offering a month-to-month tenancy at a new monthly rent. Then have the tenant sign a month to month written tenancy form.

Another PRO is if the landlord wants the existing tenant to renew the lease but the tenant does not want to commit to a year lease, then a written month to month may be a good, practical  solution.

Your month to month written tenancy can  be established by existing language in your original lease, so check the language in your lease. For example, your lease may contain the following or similar language: If landlord consents to tenant remaining in the premises after the expiration of this Lease, and no new Lease is signed, the tenancy shall be deemed to be extended as a month-to-month tenancy and during this month-to-month tenancy, all terms and conditions of this lease shall remain in full force and effect.

If your lease doesn’t contain appropriate language simply have the tenant sign a month to month written addendum to the existing lease.

We will discuss the cons of a WRITTEN month to month lease in a future blog.   

About Octazon:  Whether you own a few properties or hundreds of properties in Florida, Octazon Management, LLC is here to simplify property ownership and management. We can help you manage any and all of your properties.  At Octazon we provide simplicity & peace of mind.  Octazon uses cutting edge, cloud based property management software that fully integrates the entire property management and financial process enabling the investor direct access to valuable owner/investor information 24/7.

When providing management services to Realtors, Octazon will NOT provide the leasing, rentals or sales– so you never have to worry about losing control of your relationship with the owner. 

Providing Simplicity and Peace of Mind™ 

Call us 954-674-2467 or email us at info@octazon.com today.

Check us out @ www.octazon.com 

SINGLE FAMILY HOMES*MULTI FAMILY*COMMERCIAL – OFFICE – INDUSTRIAL