A significant component of keeping your rental vacancies low is the acquisition and retention of good tenants. In some cases, however, 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 one of the most effective methods to end your current lease. In what follows, we discuss the non-renewal process and some essential information that will be necessary for you to handle it properly.
Is Non-Renewal The Same As Eviction?
Comprehending that non-renewal and eviction are two different processes is important. Eviction is how a landlord can lawfully remove a tenant from a rental property. Typically, this transpires when the tenant breaks a rule in their lease. Eviction necessitates legal steps, including court hearings, and may necessitate the removal of the tenant by law enforcement.
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. But a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Just like eviction, non-renewal is subject to specific laws in your state. Laws about renting and leases vary by state, so it’s imperative to research and understand the necessary action to confirm that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process typically commences with a notice sent to your tenant that their lease is not being 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 certain regions, the notice must be sent 90 days before the lease’s end. In some places, it may only be 30 days. While you don’t necessarily have 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. You’ll need 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 essential not to use non-renewal for situations that require an eviction, a change in lease terms, or to raise the rent. In most places, using a non-renewal notice to try to manipulate or force out a tenant is illegal. It could cause an expensive lawsuit, especially 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 understanding 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 vital!), you have to continue doing so throughout the non-renewal process. Even if your tenant feels sad or offended by your unwillingness to renew their lease, it’s critical to maintain professionalism. By illustrating you care about your tenant, even if you have to end things, you can possibly avoid retaliatory damage or other bad behaviors and, if all goes well, part with your tenant on good terms.
One of the most effective techniques to manage a non-renewal situation is to hire an expert. At Real Property Management Solutions, our property managers in Gresham are available to help you with repairs, modifications to your lease, or ownership status. To discover more, please contact us online or call 503-224-3002 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.
