One of the critical factors keeping your rental vacancies low is the ability to locate and retain good tenants. However, there are situations when things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In these instances, non-renewal is a great way to end your current lease. The following post will talk about the non-renewal process and some vital details you’ll need to know to handle it properly.
Is Non-Renewal The Same As Eviction?
It is important to note that non-renewal and eviction are two different processes. Eviction is how a landlord can officially remove a tenant from a rental property. This usually happens when the tenant breaks a rule in their lease. Eviction needs legal steps, such as court hearings, and may result in law enforcement assisting in the expulsion of the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This specifies that the landlord chooses not to extend the lease after the end of the current lease term. However, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Just like eviction, non-renewal should stick to the specific laws in your state. Laws about renting and leases vary by state, making it essential to research and understand the necessary measures to ensure 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 extended. 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 must be sent varies as each state has different requirements on the timing of non-renewal notices.
In particular regions, the notice must be sent 90 days before the lease’s end. For some, it may only be 30 days. Even though it is not essential to give a reason for the non-renewal, the notification must typically be delivered in writing and, in some situations, should be sent through certified mail or another signature-based service. You should know what the law in your state requires to ensure you adhere to all applicable regulations.
Legal Considerations and Fair Housing Compliance
Additionally, it is vital not to use non-renewal for situations that require an eviction, an adjustment in lease terms, or to raise the rent. In many localities, using a non-renewal notice to try to manipulate or force out a tenant is illegal. It could bring about an expensive lawsuit, primarily 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 grasping and following the local statute to the letter.
Communicating Non-Renewal Clearly and Professionally
If you have established good communication with your resident (which is crucial!), it is advisable that you continue doing so throughout the non-renewal process. Even if your tenant feels saddened or distressed by your unwillingness to renew their lease, you need to maintain professionalism. By displaying that you care about your tenant, even when it’s time to depart, you can potentially avoid retaliatory damage or other unwanted actions, and if everything goes according to plan, part with your tenant on good terms.
One of the best strategies to manage a non-renewal situation is to hire an expert. At Real Property Management Enterprises, our property managers in Edmond are available to help you with any modifications to your lease, ownership status, or upkeeps with enthusiasm and dedication. To get more information, please contact us online or call 405-463-0040 right away.
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.
