Discovering and keeping good tenants is a crucial factor in keeping your rental vacancies low. Yet, at times, things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In such instances, non-renewal is among the most successful methods to end your current lease. The following section will discuss the non-renewal process and the necessary information you will need to know to handle it properly.
Is Non-Renewal The Same As Eviction?
You have to keep in mind that non-renewal and eviction are two different processes. Eviction is how a landlord can legitimately remove a tenant from a rental property. This normally transpires when the tenant breaks a rule in their lease. Eviction requires legal steps, such as court hearings, and may necessitate the tenant’s eviction by law enforcement.
Non-renewal, however, is not about forcing the tenant to leave. This denotes that the landlord chooses not to extend the lease following the conclusion of the current lease term. However, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Just like eviction, non-renewal should follow specific laws in your state. Laws about renting and leases vary by state. It is critical to perform research and understand the necessary actions to ensure that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process typically begins 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 regions, the notice must be sent 90 days before the lease’s end. In some instances, it may only be 30 days. While it is not typically necessary to give a reason for the non-renewal, the notice should typically be delivered in writing and, in certain regions, should be sent through certified mail or another signature-based service. You’ll have to know what the law in your state requires to guarantee that you abide by all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also advisable not to use non-renewal for situations that require an eviction, an alteration in lease terms, or to raise the rent. In most areas, using non-renewal notices to attempt to pressure or force out a tenant is illegal. This may bring about an expensive lawsuit, specifically if a tenant thinks 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 (which is crucial!), you must continue to do so throughout the non-renewal process. Even if your tenant is disturbed or outraged by your unwillingness to renew their lease, you should maintain professionalism. By expressing that you care about your tenant, even if it means terminating the connection, you may be able to avoid retaliatory damage or other offensive conduct and, if all works well, part with your tenant on good terms.
One of the helpful approaches to manage a non-renewal situation is to hire an expert. At Real Property Management Endeavor, our property managers in Saint Louis can assist you with repairs, lease adjustments, and ownership status. For extra details, don’t hesitate to contact us online or call 636-244-5959 today.
Originally Published on October 29, 2021
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