A huge part of keeping your rental vacancies low is recognizing (and retaining) good tenants. But occasionally, things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In these circumstances, non-renewal is one of the best strategies to end your current lease. In the following sections, we will talk about the non-renewal process and highlight important things you should know to handle it properly.
Is Non-Renewal The Same As Eviction?
It is critical to remember that non-renewal and eviction are two different processes. Eviction is how a landlord can legally remove a tenant from a rental property. This typically arises when the tenant breaks a rule in their lease. Eviction involves legal steps, such as court hearings, and may lead to law enforcement expelling the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This signifies the landlord chooses not to extend the lease upon the end of the current lease term. However, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Similar to eviction, non-renewal should comply with specific laws in your state. Laws about renting and leases vary by state, so it’s critical to research and understand the essential steps to ensure your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process mostly begins 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. The timing for delivering this notice before the lease ends can differ, as 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. For some, it may only be 30 days. Even though you are probably not required to give a reason for the non-renewal, the notice should typically be delivered in writing and, in certain regions, must be delivered through certified mail or another signature-based service. You’ll have to know what the law in your state requires to guarantee compliance with all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also imperative not to use non-renewal for situations that require an eviction, an adjustment to lease terms, or to raise the rent. In many states, trying to utilize a non-renewal notice to influence or force out a tenant is illegal. It could backfire in an expensive lawsuit, particularly if a tenant thinks that they are not given adequate notice or that their lease is being terminated in violation of local law. By understanding and following the local statute to the letter, you can avoid legal headaches.
Communicating Non-Renewal Clearly and Professionally
Keeping established good communication with your resident is imperative, mainly during the non-renewal process. It’s critical to keep your communication open and ongoing. Regardless of your tenant’s feelings of dissatisfaction or distress caused by your unwillingness to renew their lease, it’s crucial to demonstrate professionalism. By proving you care about your tenant, even when situations require a conclusion, you can avoid retaliatory damage or other undesirable activities. If managed efficiently, you can part with your tenant on good terms.
One of the best tactics to manage a non-renewal situation is to hire an expert. At Real Property Management Trusted Hands, our property managers in Lake Nona are willing to help you with modifications to your lease, ownership status, or preservation. For additional details, don’t hesitate to contact us online or call 407-794-7468 today.
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.
