A vital component of keeping your rental vacancies low is identifying and attracting good tenants. However, there are occasions when things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In such scenarios, non-renewal is an optimal method to end your current lease. This document outlines the non-renewal process and the information required to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s critical to note that non-renewal and eviction are two different processes. Eviction is how a landlord can legally remove a tenant from a rental property. This happens mostly when the tenant breaks a rule in their lease. Eviction calls for legal steps, including court hearings, and may entail law enforcement removing the tenant.
Non-renewal, on the other hand, is not about forcing the tenant to leave. This entails 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 stick to specific laws in your state. Laws about renting and leases vary by state; therefore, it is imperative to research and understand the appropriate processes to guarantee that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process often commences with a notice sent to your tenant that their lease is not being 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 locations, the notice must be sent 90 days before the lease’s end. In other instances, it may only be 30 days. Although you probably don’t need to give a reason for the non-renewal, the notice must typically be delivered in writing and, in certain jurisdictions, should be dispatched via certified mail or another signature-based service. It is essential to know what the law in your state requires to ensure that you obey all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also critical not to use non-renewal for situations that require an eviction, a revision in lease terms, or to raise the rent. In most jurisdictions, implementing a non-renewal notice to attempt to intimidate or force out a tenant is illegal. An expensive lawsuit may ensue, particularly if a tenant claims 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 knowing and following the local statutes to the letter.
Communicating Non-Renewal Clearly and Professionally
If you have established good communication with your resident (which is crucial!), It’s important to continue doing so throughout the non-renewal process. Regardless of your tenant’s feelings of distress or disappointment regarding your unwillingness to renew their lease, it’s essential to demonstrate professionalism. By expressing you care about your tenant, even in the event of termination, you can potentially avoid retaliatory damage or other illicit conduct and, if circumstances permit, part with your tenant on good terms.
One of the most efficient strategies for managing a non-renewal situation is to hire an expert. At Real Property Management Ascension, our property managers in Ooltewah can facilitate modifications to your lease, ownership status, or repairs. For additional details, please contact us online or call 706-760-7912 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.
