Finding and acquiring good tenants is a significant element in keeping your rental vacancies low. Yet, there will be cases where things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In these situations, non-renewal is one of the most useful methods to end your current lease. Listed below are some of the most critical things to remember about the non-renewal process and how to handle it properly.
Is Non-Renewal The Same As Eviction?
You need to understand that non-renewal and eviction are two different processes. Eviction is how a landlord can lawfully remove a tenant from a rental property. The most typical reason for this is when the tenant breaks a rule in their lease. Eviction necessitates legal steps, including court hearings, and may entail law enforcement to remove the tenant.
Non-renewal, on the other hand, is not about forcing the tenant to leave. This indicates that the landlord chooses not to extend the lease upon the termination of the current lease term. However, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Similar to eviction, non-renewal must adhere to specific laws in your state. Laws about renting and leases vary by state; therefore, it is essential to research and understand the actions needed to confirm that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process primarily begins 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 delivered varies since each state has different requirements on the timing of non-renewal notices.
In particular states, the notice must be sent 90 days before the lease’s end. In other places, it may only be 30 days. Even though you are not compelled to give a reason for the non-renewal, the notice must typically be delivered in writing and, in some states, must be sent through certified mail or another signature-based service. It is essential to know what the law in your state requires to guarantee that you comply with all applicable regulations.
Legal Considerations and Fair Housing Compliance
Additionally, it is important not to use non-renewal for situations that require an eviction, an amendment in lease terms, or to raise the rent. In many places, applying a non-renewal notice to try to influence or force out a tenant is illegal. It could bring about an expensive lawsuit, especially when a tenant sees 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 having information and following the local statutes to the letter.
Communicating Non-Renewal Clearly and Professionally
If you have established good communication with your resident (and it is a must!), it is imperative to continue doing so throughout the non-renewal process. Even if your tenant feels saddened or hurt by your unwillingness to renew their lease, it is important to show professionalism. By exhibiting that you care about your tenant, even if you have to end your connection, you can possibly avoid retaliatory damage or other undesirable actions and, if things go properly, you can part with your tenant on good terms.
One of the excellent approaches to manage a non-renewal situation is to hire an expert. At Real Property Management Sailfish Coast, our property managers in Jensen Beach can assist you with amendments to your lease, ownership status, or fixes. For additional data, feel free to contact us online or call 772-242-9094 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.
