A significant feature of keeping your rental vacancies low is identifying (and keeping) good tenants. Yet, at times, circumstances don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. If this is the scenario, non-renewal is one of the efficient ways to end your current lease. This article will bring up the non-renewal process and some critical aspects you should be familiar with to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s vital to keep in mind that non-renewal and eviction are two different processes. Eviction is how a landlord can rightfully remove a tenant from a rental property. This frequently happens when the tenant breaks a rule in their lease. Eviction requires legal steps, such as court hearings, and may involve law enforcement to remove the tenant.
Non-renewal, on the other hand, 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 crucial to research and understand the needed actions to guarantee 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 transmitted varies since each state has different requirements on the timing of non-renewal notices.
In some places, the notice must be sent 90 days before the lease’s end. For others, it might just be 30 days. Although you’re not expected to give a reason for the non-renewal, the notice must typically be delivered in writing and, in certain states, should be delivered via certified mail or another signature-based service. It is important to know what the law in your state requires so that you can conform to all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also vital not to use non-renewal for situations that require an eviction, an amendment in lease terms, or to raise the rent. In numerous states, leveraging a non-renewal notice to attempt to exploit or force out a tenant is illegal. It might result in an expensive lawsuit, particularly when a tenant assumes 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 comprehending and following the local statute to the letter.
Communicating Non-Renewal Clearly and Professionally
If you have established good communication with your resident (and you should!), you have to continue doing so during the non-renewal process. Even if your tenant feels frustrated or offended by your unwillingness to renew their lease, it’s critical to maintain professionalism. By proving you care about your tenant, even when situations need to end, you can potentially avoid retaliatory damage or other bad behaviors. Moreover, if everything goes well, you can part with your tenant on good terms.
A highly effective tactic to manage a non-renewal situation is to hire an expert. At Real Property Management Sugarland, our property managers in Cinco Ranch are here to help you with regulations regarding your lease, ownership status, or maintenance issues. To get more information, don’t hesitate to contact us online or call 832-333-9923 right away.
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