Finding (and retaining) good tenants is an important aspect of keeping your rental vacancies low. However, things don’t always work out between you and your tenant. Perhaps your circumstances are changing, or you must do major repairs. In such situations, non-renewal is the best option to end your current lease. The next section discusses the non-renewal process and some critical points you should be cognizant of to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s essential 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 generally comes up when the tenant breaks a rule in their lease. Eviction entails legal steps, such as court hearings, and may involve law enforcement removing the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This indicates the landlord chooses not to extend the lease once the current lease term expires. However, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Similar to eviction, non-renewal needs to comply with specific laws in your state. Laws about renting and leases vary by state, so it’s critical to research and understand the steps required to make sure that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process normally kicks off 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 regions, the notice must be sent 90 days before the lease’s end. In others, it could be only 30 days. Even though you are unlikely to give a reason for the non-renewal, the notice must typically be delivered in writing and, in certain regions, conveyed via certified mail or another signature-based service. You’ll need to know what the law in your state requires in order to keep up with all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also vital not to use non-renewal for situations that require an eviction, a modification in lease terms, or to raise the rent. In the majority of locations, using a non-renewal notice to try to manipulate or force out a tenant is illegal. It might result in an expensive lawsuit, specifically if a tenant claims that they were not given adequate notice or that their lease is being terminated in violation of local law. You can avoid legal headaches by grasping 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!), you have to continue doing so during the non-renewal process. Even if your tenant is unhappy or offended by your unwillingness to renew their lease, professionalism is a must. By expressing you care about your tenant, even if you have to stop things, you can potentially avoid retaliatory damage or other unacceptable conduct and, if things go properly, part with your tenant on good terms.
One of the most effective ways to manage a non-renewal situation is to hire an expert. At Real Property Management Resources, our property managers in Mustang can assist you with changes to your lease, ownership status, or repairs. To learn more, please contact us online or call 405-787-4429 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.
