An important aspect of keeping your rental vacancies low is uncovering (and retaining) good tenants. However, sometimes, things don’t work out between you and your tenant. Perhaps your circumstances are changing, or you must do major repairs. When this transpires, non-renewal is one of the ideal approaches to end your current lease. In what follows, we will examine the non-renewal process and some key factors you’ll need to comprehend to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s vital to realize that non-renewal and eviction are two different processes. Eviction is how a landlord can legally remove a tenant from a rental property. This usually occurs when the tenant breaks a rule in their lease. Removal requires legal steps, such as court hearings, and might entail 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 upon the termination 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 expulsion, non-renewal must abide by specific laws in your state. Laws about renting and leases vary by state, making it vital to research and understand the essential measures to confirm 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 will not be 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 places, the notice must be sent 90 days before the lease’s end. In others, it may only be 30 days. Although you likely don’t need to give a reason for the non-renewal, the notification must typically be delivered in writing and, in other states, should be mailed via certified mail or another signature-based service. It is important to know what the law in your state requires to ensure compliance with 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 numerous areas, adopting a non-renewal notice to attempt to manipulate or force out a tenant is illegal. It could lead to an expensive lawsuit, mainly if a tenant witnessed 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 recognizing and following the local statute to the letter.
Communicating Non-Renewal Clearly and Professionally
Once you have established good communication with your resident (which is essential!), it’s imperative to maintain it throughout the non-renewal process. Even if your renter feels upset or offended by your unwillingness to renew their lease, it’s advisable to show professionalism. By expressing your care about your tenant, even when it’s time to end the arrangement, you can possibly avoid retaliatory damage or other unwanted conduct, and if addressed properly, you can part with your tenant on good terms.
One of the most effective techniques to manage a non-renewal situation is to hire an expert. At Real Property Management Teague, our property managers in Schenectady can help you with alterations to your lease, ownership status, or upkeep. For more data, please contact us online or call 518-612-4900 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.
