One of the ideal ways to keep your rental vacancies low is by locating and securing good tenants. However, there are occasions when things don’t work out between you and your tenant. Perhaps your circumstances are changing, or you must do major repairs. In these instances, non-renewal is the best approach to end your current lease. This post will explore the non-renewal process and some critical factors you should understand to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s critical to know that non-renewal and eviction are two different processes. Eviction is how a landlord can lawfully remove a tenant from a rental property. This generally happens when the tenant breaks a rule in their lease. Eviction involves legal steps, such as court hearings, and may involve law enforcement removing the tenant.
Non-renewal, on the other hand, is not about forcing the tenant to leave. This represents that the landlord chooses not to extend the lease upon the conclusion 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 must stick to specific laws in your state. Laws about renting and leases vary by state, so it’s critical to research and understand the actions needed to guarantee your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process normally begins 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 some states, the notice must be sent 90 days before the lease’s end. For others, it may only be 30 days. Even though you are not obligated to give a reason for the non-renewal, the notice must typically be delivered in writing and, in some states, must be conveyed through certified mail or another signature-based service. It is vital 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 numerous areas, utilizing a non-renewal notice to attempt to manipulate or force out a tenant is illegal. It might cause an expensive lawsuit, especially when a tenant believes that they are not given adequate notice or that their lease is being terminated in violation of local law. Staying knowledgeable about and following the local statutes can help you avoid legal headaches.
Communicating Non-Renewal Clearly and Professionally
If you have established good communication with your resident (and you ought to!), keeping that communication going during the non-renewal process is really crucial. Even if your tenant feels troubled or unhappy by your unwillingness to renew their lease, it’s imperative to uphold professionalism. When you express that you care about your tenant, even if you need to part ways, you can potentially avoid retaliatory damage or other problems. In addition, if everything goes smoothly, you can 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 Trustworthy, our property managers in Pittsboro can assist you with changes to your lease, ownership status, or fixes. To find out more, please contact us online or call 984-666-0912 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.
