Locating and keeping good tenants is one of the best approaches to keeping your rental vacancies low. Unluckily, sometimes things don’t work out between you and your tenant. Possibly your circumstances are changing, or you must do major repairs. In such a scenario, non-renewal is a great way to end your current lease. This post will examine the non-renewal process along with some key information for how to handle it properly.
Is Non-Renewal The Same As Eviction?
You need 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 commonly happens when the tenant breaks a rule in their lease. Eviction involves legal steps, like court hearings, and may result in law enforcement removing the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This implies that the landlord chooses not to extend the lease upon the conclusion 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 must stick to specific laws in your state. Laws about renting and leases vary by state; consequently, it’s necessary to research and understand the measures required to ensure your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process frequently 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 conveyed varies since each state has different requirements on the timing of non-renewal notices.
In some locations, the notice must be sent 90 days before the lease’s end. In some cases, it may only be 30 days. While you are not expected to give a reason for the non-renewal, the notification should typically be delivered in writing and, in some places, must be sent through certified mail or another signature-based service. It is crucial to know what the law in your state requires so that you can follow all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also essential not to use non-renewal for situations that require an eviction, an amendment in lease terms, or to raise the rent. In many areas, applying a non-renewal notice to attempt to influence or force out a tenant is illegal. It could backfire in an expensive lawsuit, mainly when a tenant assumes 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
If you have established good communication with your resident (and you should!), It’s crucial to continue doing so throughout the non-renewal process. Remaining professional is important, regardless of whether your tenant feels upset or unhappy because of your unwillingness to renew their lease. By expressing you care about your tenant, even if you have to terminate things, you can potentially avoid retaliatory damage or other unwanted conduct and, if things go well, part with your tenant on good terms.
One of the most effective techniques to manage a non-renewal situation is to hire an expert. If you need help with rent adjustments, property ownership status, or maintenance, our property managers in Oviedo at Real Property Management Verita can help. To learn more, don’t hesitate to contact us online or call 321-972-6823 now.
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.
