An essential aspect of keeping your rental vacancies low is identifying (and retaining) good tenants. But sometimes, 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 effective methods to end your current lease. In the following sections, we will cover the non-renewal process and highlight important aspects you should be aware of to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s imperative to know that non-renewal and eviction are two different processes. Eviction is how a landlord can legally remove a tenant from a rental property. This typically takes place when the tenant breaks a rule in their lease. Eviction involves legal steps, such as court hearings, and may result in law enforcement being called to remove the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This suggests 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. Comparable to eviction, non-renewal is governed by specific laws in your state. Laws about renting and leases vary by state, so it’s essential to research and understand the necessary procedures to guarantee your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process mostly starts 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. The timing for sending this notice before the lease ends can differ, as each state has different requirements on the timing of non-renewal notices.
In certain areas, the notice must be sent 90 days before the lease’s end. In some cases, it may only be 30 days. Even though you probably don’t have to give a reason for the non-renewal, the notice should typically be delivered in writing and, in certain states, must be sent through certified mail or another signature-based service. You’ll need to know what the law in your state requires to ensure compliance with all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also crucial not to use non-renewal for situations that require an eviction, alterations to lease terms, or to raise the rent. In many jurisdictions, attempting to use a non-renewal notice to coerce or force out a tenant is illegal. It could backfire in an expensive lawsuit, mainly if a tenant thinks that they are not given adequate notice or that their lease is being terminated in violation of local law. By comprehending and following the local statute to the letter, you can avoid legal headaches.
Communicating Non-Renewal Clearly and Professionally
Maintaining established good communication with your resident is crucial, especially during the non-renewal process. It’s important to keep that dialogue open and ongoing. Regardless of your tenant’s feelings of disappointment or distress by your unwillingness to renew their lease, it’s crucial to uphold professionalism. By expressing you care about your tenant, even when circumstances require a conclusion, you can potentially avoid retaliatory damage or other undesirable actions. If handled properly, part with your tenant on good terms.
One of the most efficient strategies to manage a non-renewal situation is to hire an expert. At Real Property Management Last Frontier, our property managers in Chugiak are here to help you with modifications to your lease, ownership status, or repairs. For further information, please contact us online or call 907-268-4779 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.
