A significant element in keeping your rental vacancies low is discovering and retaining good tenants. However, at times, things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. When this transpires, non-renewal is the best way to end your current lease. This document will discuss the non-renewal process and some important things you’ll need to realize to handle it properly.
Is Non-Renewal The Same As Eviction?
It is essential to note that non-renewal and eviction are two different processes. Eviction is how a landlord can lawfully remove a tenant from a rental property. This typically arises when the tenant breaks a rule in their lease. Eviction demands legal steps, such as court hearings, and may entail law enforcement removing the tenant.
Non-renewal, yet, is not about forcing the tenant to leave. This shows that the landlord chooses not to extend the lease after the end of the current lease term. Nevertheless, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Similar to eviction, non-renewal should abide by specific laws in your state. Laws about renting and leases vary by state, making it critical to research and understand the measures needed to confirm that 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 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 regions, the notice must be sent 90 days before the lease’s end. In some locations, it may only be 30 days. While you’re not required to give a reason for the non-renewal, the notice should typically be delivered in writing and, in some areas, must be mailed via certified mail or another signature-based service. It is critical 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 critical not to use non-renewal for situations that require an eviction, a revision in lease terms, or to raise the rent. In many areas, leveraging a non-renewal notice to try to control or force out a tenant is illegal. It could backfire in an expensive lawsuit, especially 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 being aware of and following the local statutes 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 throughout the non-renewal process. Even if your tenant feels disappointed or unhappy by your unwillingness to renew their lease, it’s important to retain professionalism. By displaying you care about your tenant, even when termination is needed, 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 best strategies to manage a non-renewal situation is to hire an expert. At Real Property Management Piedmont, our property managers in Sandy Springs can facilitate adjustments to your lease, ownership status, or maintenance. To get more info, feel free to contact us online or call 404-480-4820 today.
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.
