One of the best ways to keep your rental vacancies low is by finding and keeping good tenants. But sometimes, things don’t work out between you and your tenant. Perhaps your circumstances are changing, or you must do major repairs. In these circumstances, non-renewal is a great way to end your current lease. This post will look at the non-renewal process and some important things you should understand to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s good to know that non-renewal and eviction are two different processes. Eviction is how a landlord can rightfully remove a tenant from a rental property. This generally occurs when the tenant breaks a rule in their lease. Eviction involves legal steps, like court hearings, and may involve law enforcement removing the tenant.
Non-renewal, on the other hand, is not about forcing the tenant to leave. This denotes that the landlord chooses not to extend the lease after the end of the current lease term. Nonetheless, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Just like eviction, non-renewal must follow specific laws in your state. Laws about renting and leases vary by state, so it’s crucial to research and understand the steps needed to ensure your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process normally starts 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 other places, the notice must be sent 90 days before the lease’s end. For some, it may only be 30 days. Although you might not need to give a reason for the non-renewal, the notice must typically be delivered in writing and, in some states, must be transmitted through certified mail or another signature-based service. It is critical to know what the law in your state requires so that you can stay on top of all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also advisable not to use non-renewal for situations that require an eviction, a change in lease terms, or to raise the rent. In many areas, adopting a non-renewal notice to try to push or force out a tenant is illegal. It might result in an expensive lawsuit, mostly when a tenant feels that they are not given adequate notice or that their lease is being terminated in violation of local law. Staying informed about and following the local statutes can help you avoid legal headaches.
Communicating Non-Renewal Clearly and Professionally
If you have established good communication with your resident (and you should!), keeping that communication going during the non-renewal process is really important. Even if your tenant feels distressed or unhappy by your unwillingness to renew their lease, it’s critical to preserve professionalism. When you show that you care about your tenant, even if the situation needs to come to a close, you can potentially avoid retaliatory damage or other issues. Plus, if everything goes smoothly, you can part with your tenant on good terms.
One of the ideal approaches to manage a non-renewal situation is to hire an expert. At Real Property Management Coral, our property managers in Sunrise can assist you with changes to your lease, ownership status, or repairs. To learn more, please contact us online or call 954-708-1222 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.
