A significant factor in keeping your rental vacancies low is the identification and retention of good tenants. However, sometimes, things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In such instances, non-renewal is an optimal method to end your current lease. This document outlines the non-renewal process and some important things you’ll need to understand to handle it properly.
Is Non-Renewal The Same As Eviction?
It is essential to recognize that non-renewal and eviction are two different processes. Eviction is how a landlord can lawfully remove a tenant from a rental property. This typically occurs when the tenant breaks a rule in their lease. Eviction necessitates legal steps, such as court hearings, and may entail law enforcement removing the tenant.
Non-renewal, yet, is not about forcing the tenant to leave. This indicates the landlord chooses not to extend the lease after the end of the current lease term. But 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 measures required to guarantee 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 some regions, the notice must be sent 90 days before the lease’s end. In others, it may only be 30 days. Even though you probably don’t need to give a reason for the non-renewal, the notice should typically be delivered in writing and, in certain areas, must be sent through certified mail or another signature-based service. You’ll need to know what the law in your state requires so that you can obey all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also imperative not to use non-renewal for situations that require an eviction, a change in lease terms, or to raise the rent. In most jurisdictions, utilizing a non-renewal notice to try to control or force out a tenant is illegal. It could backfire in an expensive lawsuit, particularly when a tenant feels 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 understanding and following the local statute to the letter.
Communicating Non-Renewal Clearly and Professionally
If you have established good communication with your resident (and you should!), It’s crucial to continue doing so throughout the non-renewal process. Even if your tenant feels upset or hurt by your unwillingness to renew their lease, it’s critical to keep professionalism. By demonstrating you care about your tenant, even when termination is necessary, you can potentially avoid retaliatory damage or other undesirable behaviors and, if things go well, part with your tenant on good terms.
One of the most efficient approaches to manage a non-renewal situation is to hire an expert. At Real Property Management Summit, our property managers in Staunton can facilitate modifications to your lease, ownership status, or repairs. For further information, please contact us online or call 540-315-8090 today.
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