Identifying and recruiting good tenants is a huge part of keeping your rental vacancies low. Nevertheless, circumstances don’t always work out between you and your tenant. Perhaps your circumstances are changing, or you must do major repairs. In such cases, non-renewal is the optimal choice to end your current lease. The next part addresses the non-renewal process and essential considerations to ensure you handle it properly.
Is Non-Renewal The Same As Eviction?
It is crucial to acknowledge that non-renewal and eviction are two different processes. Eviction is how a landlord can legally remove a tenant from a rental property. This generally arises when the tenant breaks a rule in their lease. Eviction incorporates legal steps, such as court hearings, and may require law enforcement to expel the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This expresses that the landlord chooses not to extend the lease once the current lease term finishes. However, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. As is the case with eviction, non-renewal requires conformity to specific laws in your state. Laws about renting and leases vary by state, so it makes sense to research and understand the steps to take to make certain that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process typically starts 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 certain jurisdictions, the notice must be sent 90 days before the lease’s end. In other cases, it may be merely 30 days. Although you are not required to give a reason for the non-renewal, the notice must typically be delivered in writing and, in specific jurisdictions, transmitted via certified mail or another signature-based service. It is important to know what the law in your state requires in order to comply 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, an amendment in lease terms, or to raise the rent. In most jurisdictions, employing a non-renewal notice to try to manipulate or force out a tenant is illegal. This could give rise to an expensive lawsuit, particularly if a tenant asserts 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 paying attention and following the local statutes to the letter.
Communicating Non-Renewal Clearly and Professionally
If you have established good communication with your resident (as you ought to), it is imperative to maintain this dialogue throughout the non-renewal process. Regardless of your tenant’s dissatisfaction or offense regarding your unwillingness to renew their lease, maintaining professionalism is vital. By displaying you care about your tenant, even when halting certain actions, you can potentially avoid retaliatory damage or other inappropriate behavior. If managed effectively, you can part with your tenant on good terms.
One of the most effective tactics to manage a non-renewal situation is to hire an expert. At Real Property Management Bay State West, our property managers in Chicopee may facilitate modifications to your lease, ownership status, or repairs. For additional data, please contact us online or call 413-514-0050 immediately.
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.
