Sent UD paperwork to attorney yesterday but their lease is up 7/31/2016. They've been here over a year and the increase will be more than 10% which requires 60 days notice. Do I send them their renewal offer today contingent on them satisfying their past due balance or do I wait?
It sounds as if they did not pay rent and you served a 3 day Pay or Quit. At the end of the 3 days, their right to occupy is terminated as they did not pay up.
You do not need to sent the renewal. And why would you? Who needs tenants that won't pay their rent.
I guess I would not feel lawyerly unless I wrote a disclaimer to this answer - after all, that is what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you have met online (and they tend to always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law.
If you have an attorney you should consult with them. Not many of us will second guess another attorney on this site because we have very limited information to work with compared to your current attorney. Landlord tenant law is local in nature and you will be best served with a local real estate attorney. That said either proposed action by you is ok. I would advise you to think before you extend the lease with a tenant who you have already found a reason to prepare UD paperwork.
Please consult or retain a lawyer for your particular issue.
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