A vital aspect of keeping your rental vacancies low is discovering and retaining good tenants. However, there are times when things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In such situations, non-renewal is a great method to end your current lease. This document addresses the non-renewal process and the information needed to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s worth noting that non-renewal and eviction are two different processes. Eviction is how a landlord can legally remove a tenant from a rental property. This transpires mostly when the tenant breaks a rule in their lease. Eviction calls for legal steps, such as court hearings, and may involve law enforcement to remove the tenant.
Non-renewal, on the other hand, is not about forcing the tenant to leave. This means that the landlord chooses not to extend the lease upon the conclusion of the current lease term. Yet, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Similar to eviction, non-renewal has to comply with specific laws in your state. Laws about renting and leases vary by state; therefore, it is critical to research and understand the necessary steps to guarantee that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process typically commences with a notice sent to your tenant that their lease will not be renewed. This notice informs your tenant that the lease won’t be renewed at the end of their current term. How far in advance of the lease end this notice should be sent varies since each state has different requirements on the timing of non-renewal notices.
In particular areas, the notice must be sent 90 days before the lease’s end. In other places, it may only be 30 days. Even though you probably don’t need to give a reason for the non-renewal, the notice must typically be delivered in writing and, in some jurisdictions, should be sent via certified mail or another signature-based service. It is necessary to know what the law in your state requires to guarantee that you comply with all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also critical not to use non-renewal for situations that require an eviction, an adjustment in lease terms, or to raise the rent. In many jurisdictions, adopting a non-renewal notice to try to threaten or force out a tenant is illegal. An expensive lawsuit may follow, mainly if a tenant believes that they are not given adequate notice or that their lease is being terminated in violation of local law. You can avoid legal headaches by learning and following the local statutes to the letter.
Communicating Non-Renewal Clearly and Professionally
If you have established good communication with your resident (which you have to!), It’s recommended that you continue doing so during the non-renewal process. Regardless of your tenant’s feelings of upset or disappointment regarding your unwillingness to renew their lease, it’s important to show professionalism. By showing you care about your tenant, even if you have to part ways, you can possibly avoid retaliatory damage or other bad conduct and, if managed appropriately, part with your tenant on good terms.
One of the efficient techniques to manage a non-renewal situation is to hire an expert. At Real Property Management Eagle, our property managers in Clayton can facilitate adjustments to your lease, ownership status, or repairs. For more details, please contact us online or call 919-505-1776 immediately.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
