Locating and keeping good tenants is a major component in keeping your rental vacancies low. Unfortunately, things don’t work out between you and your tenant. Possibly your circumstances are changing, or you must do major repairs. In such a situation, non-renewal is a good option to end your current lease. What follows is an explanation of the non-renewal process along with some essential information for how to handle it properly.
Is Non-Renewal The Same As Eviction?
You need to keep in mind that non-renewal and eviction are two different processes. Eviction is how a landlord can rightfully remove a tenant from a rental property. This commonly transpires when the tenant breaks a rule in their lease. Eviction entails legal steps, including court hearings, and may bring about law enforcement removing the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This indicates 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. Like eviction, non-renewal is subject to specific laws in your state. Laws about renting and leases vary by state, so it’s important to research and understand the actions required to ensure your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process mainly 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 delivered varies since each state has different requirements on the timing of non-renewal notices.
In certain areas, the notice must be sent 90 days before the lease’s end. In some situations, it may only be 30 days. While you probably don’t have to give a reason for the non-renewal, the notification should typically be delivered in writing and, in some circumstances, 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 adhere to all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also necessary not to use non-renewal for situations that require an eviction, a modification in lease terms, or to raise the rent. In several areas, utilizing a non-renewal notice to try to manipulate or force out a tenant is illegal. It could backfire in an expensive lawsuit, particularly when a tenant thinks 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 advisable to continue doing so throughout the non-renewal process. Staying professional is essential, no matter how your tenant reacts to your unwillingness to renew their lease. By showing you care about your tenant, even if you need things to end, you can potentially avoid retaliatory damage or other unwanted behaviors and, if things go well, part with your tenant on good terms.
One of the most effective means to manage a non-renewal situation is to hire an expert. If you need help with rent modifications, property ownership status, or repairs, our property managers in Wayne County at Real Property Management Main can assist. To find out more, please contact us online or call 248-852-6204 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.
