An essential part of keeping your rental vacancies low is acquiring and retaining good tenants. Sometimes, however, things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In these occurrences, non-renewal is one of the best approaches to end your current lease. In what follows, we will examine the non-renewal process and some critical facts that will be necessary for you to handle it properly.
Is Non-Renewal The Same As Eviction?
Understanding that non-renewal and eviction are two different processes is vital. Eviction is how a landlord can legally remove a tenant from a rental property. Usually, this arises when the tenant breaks a rule in their lease. Eviction necessitates legal steps, like court hearings, and may lead to law enforcement pulling the tenant.
Non-renewal, on the other hand, is not about forcing the tenant to leave. This implies that the landlord chooses not to extend the lease after the end of the current lease term. Yet, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Just like expulsion, non-renewal should adhere to specific laws in your state. Laws about renting and leases vary by state, making it essential to research and understand the proper action to ensure 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 some regions, the notice must be sent 90 days before the lease’s end. In some areas, it could be just 30 days. While you probably don’t need to give a reason for the non-renewal, the notice must typically be delivered in writing and, in some localities, be delivered through certified mail or another signature-based service. You’ll need to know what the law in your state requires so that you can obey all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also important not to use non-renewal for situations that require an eviction, a modification in lease terms, or to raise the rent. In many regions, using a non-renewal notice to try to abuse or force out a tenant is illegal. It could cause an expensive lawsuit, mostly when a tenant feels 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 (which is important!), you have to continue doing so throughout the non-renewal process. Even if your tenant is sad or angered by your unwillingness to renew their lease, you have to keep your professionalism. By expressing that you care about your tenant, even if you must conclude things, you can possibly avoid retaliatory damage or other improper behaviors, and if managed effectively, you can part with your tenant on good terms.
One of the most critical techniques to manage a non-renewal situation is to hire an expert. At Real Property Management Evertrust, our property managers in Lewiston are ready to assist you with maintenance, lease alterations, or ownership status. For deeper details, please contact us online or call 207-550-0776 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.
