One of the key factors keeping your rental vacancies low is the ability to identify and retain good tenants. However, there are instances when things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In such cases, non-renewal is a fantastic way to end your current lease. In what follows, we will talk about the non-renewal process and some vital things you’ll need to understand to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s essential to remember that non-renewal and eviction are two different processes. Eviction is how a landlord can officially remove a tenant from a rental property. This usually materializes when the tenant breaks a rule in their lease. Eviction needs legal steps, such as court hearings, and may lead to law enforcement assisting in the removal of the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This signifies 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. Just like eviction, non-renewal is subject to specific laws in your state. Laws about renting and leases vary by state, so it’s critical to research and understand the necessary actions to ensure your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process often starts 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 must be sent 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 some, it may only be 30 days. Even though it is not necessary to give a reason for the non-renewal, the notification must typically be delivered in writing and, in some states, should be delivered through certified mail or another signature-based service. You’ll need to know what the law in your state requires to guarantee you comply with all applicable regulations.
Legal Considerations and Fair Housing Compliance
In addition, it is important not to use non-renewal for situations that require an eviction, a variation in lease terms, or to raise the rent. In most localities, utilizing a non-renewal notice to try to control or force out a tenant is illegal. It could generate an expensive lawsuit, mainly when a tenant knows 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 realizing 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 critical!), it is recommended to continue doing so throughout the non-renewal process. Even if your tenant feels disappointed or distressed by your unwillingness to renew their lease, it’s essential to uphold a sense of professionalism. By proving that you care about your tenant, even when it’s time to part ways, you can potentially avoid retaliatory damage or other annoying actions, and if all goes smoothly, part with your tenant on good terms.
One of the most recommended tactics to manage a non-renewal situation is to hire an expert. At Real Property Management Allegiance, our property managers in Fort Lauderdale are here to help you with any changes to your lease, ownership status, or repairs with enthusiasm and dedication. For more details, please contact us online or call 786-206-8611 today.
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