One of the key elements in keeping your rental vacancies low is identifying and retaining good tenants. But sometimes, things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In these situations, non-renewal is one of the effective ways to end your current lease. In the following sections, we will explore the non-renewal process and some essential points you should be aware of to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s crucial to recognize 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 involves legal steps, such as court hearings, and can lead to law enforcement being called to remove the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This signifies the landlord chooses not to extend the lease after the end of the current lease term. Nonetheless, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Just like expulsion, non-renewal is governed by specific laws in your state. Laws about renting and leases vary by state, so it’s essential to research and understand the necessary steps to guarantee that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process usually starts with a notice sent to your tenant that their lease will not be extended. 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 areas, the notice must be sent 90 days before the lease’s end. For some, it could just be a matter of 30 days. Although you may not be required to give a reason for the non-renewal, the notice must typically be delivered in writing and, in certain states, must be sent through certified mail or another signature-based service. It is essential to know what the law in your state requires to ensure compliance with all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also crucial not to use non-renewal for situations that require an eviction, an alteration in lease terms, or to raise the rent. In many areas, employing a non-renewal notice to try to manipulate or force out a tenant is illegal. It might lead to an expensive lawsuit, particularly if a tenant believes 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 recognizing 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!), It’s crucial to maintain that connection during the non-renewal process. Regardless of your tenant’s feelings of disappointment or frustration regarding your unwillingness to renew their lease, it’s crucial to uphold professionalism. By demonstrating you care about your tenant, even if you need things to end, you can potentially avoid retaliatory damage or other unwelcome behaviors and, if things go well, part with your tenant on good terms.
One of the best strategies for managing a non-renewal situation is to hire an expert. At Real Property Management Keystone, our property managers in Bridgeville are here to help you navigate any adjustments to your lease, ownership status, or repairs. To get more information, please contact us online or call 412-385-2300 right away.
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