A significant aspect of keeping your rental vacancies low is discovering (and keeping) good tenants. However, sometimes, situations don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In such circumstances, non-renewal is one of the most effective methods of ending your current lease. This article will talk about the non-renewal process and some important aspects you should be aware of to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s critical to know 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 happens when the tenant breaks a rule in their lease. Eviction requires legal steps, including 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 signifies 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. Comparable to eviction, non-renewal is required to adhere to specific laws in your state. Laws about renting and leases vary by state, making it imperative to research and understand the necessary actions to guarantee your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process typically 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 other places, the notice must be sent 90 days before the lease’s end. For some, it might just be 30 days. While you possibly don’t need to give a reason for the non-renewal, the notice must typically be delivered in writing and, in certain states, should be sent via certified mail or another signature-based service. You’ll have to know what the law in your state requires so that you can abide by all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also important not to use non-renewal for situations that require an eviction, an alteration in lease terms, or to raise the rent. In numerous places, adopting a non-renewal notice to try to influence or force out a tenant is illegal. It might result 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 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 vital to continue doing so during the non-renewal process. Even if your tenant feels disappointed or offended by your unwillingness to renew their lease, it’s imperative to maintain professionalism. By illustrating that you care about your tenant, even when circumstances require a conclusion, you can potentially avoid retaliatory damage or other unwanted behaviors, and if the situation unfolds positively, you can part with your tenant on good terms.
A highly effective approach to managing a non-renewal situation is to hire an expert. At Real Property Management Premium, our property managers in Gonzales are here to help you with adjustments to your lease, ownership status, or maintenance issues. For more information, please contact us online or call 225-570-8739 today.
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