Obtaining (and maintaining) good tenants is a significant factor in keeping your rental vacancies low. Yet, there are times when things don’t work out between you and your tenant. Perhaps your circumstances are changing, or you must do major repairs. In such scenarios, non-renewal is one of the best approaches to end your current lease. In the following section, we will look at the non-renewal process and some critical points you should know to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s imperative to acknowledge 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 occurs when the tenant breaks a rule in their lease. Eviction demands legal steps, including court hearings, and may lead to law enforcement expelling the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This implies the landlord chooses not to extend the lease beyond the conclusion of the current lease term. Yet, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Similar to removal, non-renewal needs to follow specific laws in your state. Laws about renting and leases vary by state, making it critical to research and understand the actions needed to guarantee that 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 will not be renewed. This notice informs your tenant that the lease won’t be renewed at the end of their current term. The amount of time this notification must be issued before the lease ends varies, as each state has different requirements on the timing of non-renewal notices.
In some areas, the notice must be sent 90 days before the lease’s end. For others, it may only be 30 days. While you have no responsibility to give a reason for the non-renewal, the notice should typically be delivered in writing and, in certain areas, must be delivered through certified mail or another signature-based service. To obey all applicable regulations, you have to know what the law in your state requires.
Legal Considerations and Fair Housing Compliance
Also, it is critical not to use non-renewal for situations that require an eviction, a change in lease terms, or to raise the rent. In many regions, employing a non-renewal notice to try to deceive or force out a tenant is illegal. It might end up in an expensive lawsuit, especially if a tenant deems 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 you should!), you must keep it going throughout the non-renewal process. Even if your tenant is sad or outraged by your unwillingness to renew their lease, you have to show your professionalism. By demonstrating that you care about your tenant, even if you have to end your relationship, you may be able to avoid retaliatory damage or other undesirable conduct and, if all goes peacefully, part with your tenant on good terms.
One of the most efficient tactics to manage a non-renewal situation is to hire an expert. At Real Property Management MidTown, our property managers in Fort Worth can assist you with lease changes, ownership status, and repairs. For additional data, please contact us online or call 817-583-6121 right away.
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.
