Discovering and retaining good tenants is a significant component of keeping your rental vacancies low. Yet, occasionally, 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 one of the most efficient methods to end your current lease. The following section delves into the non-renewal process and the essential information you will need to know to handle it properly.
Is Non-Renewal The Same As Eviction?
It’s critical 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 typically transpires when the tenant breaks a rule in their lease. Eviction demands legal steps, including court hearings, and may necessitate the tenant’s removal by law enforcement.
Non-renewal, however, is not about forcing the tenant to leave. This implies that the landlord chooses not to extend the lease following 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 obey specific laws in your state. Laws about renting and leases vary by state. It is imperative to conduct research and understand the essential procedure to guarantee that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process typically commences 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 certain states, the notice must be sent 90 days before the lease’s end. In others, it may only be 30 days. Although it is not usually necessary to give a reason for the non-renewal, the notice should typically be delivered in writing and, in certain areas, should be sent through certified mail or another signature-based service. You’ll need to know what the law in your state requires so that you can abide by all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also recommended not to use non-renewal for situations that require an eviction, an amendment in lease terms, or to raise the rent. The use of non-renewal notice to attempt to manipulate or force out a tenant is illegal in the majority of locations. It may result in an expensive lawsuit, especially 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 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 is imperative!), you have to continue doing so throughout the non-renewal process. Even if your tenant feels distraught or offended by your unwillingness to renew their lease, it’s advisable to uphold professionalism. By proving that you care about your tenant, even if it is necessary to terminate the relationship, you may be able to avoid retaliatory damage or other unwanted manners and, if all goes well, part with your tenant on good terms.
One of the most successful methods to manage a non-renewal situation is to hire an expert. At Real Property Management Unlimited, our property managers in Locust Valley are available to help you with repairs, modifications to your lease, or ownership status. To get more details, don’t hesitate to contact us online or call 516-875-1600 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.
