Locating (and retaining) good tenants is a major factor in keeping your rental vacancies low. Sometimes, though, things don’t work out between you and your tenant. Maybe your circumstances are changing, or you must do major repairs. In such situations, non-renewal is among the finest methods to end your current lease. The non-renewal process and some important information you will require to handle it properly are covered in what follows.
Is Non-Renewal The Same As Eviction?
Understanding that non-renewal and eviction are two different processes is crucial. Eviction is how a landlord can lawfully remove a tenant from a rental property. Usually, this results from the tenant breaking a rule in their lease. Eviction calls for legal steps, involving court hearings, and may include law enforcement removing the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This indicates 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. Non-renewal, similar to eviction, has to obey specific laws in your state. Laws about renting and leases vary by state, so it’s critical to research and understand the procedures required to ensure 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 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 some areas, the notice must be sent 90 days before the lease’s end. In some, it may only be 30 days. Although you probably don’t need to give a reason for the non-renewal, the notice must typically be delivered in writing and, depending on the state, must 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 obey all applicable regulations.
Legal Considerations and Fair Housing Compliance
One should also 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 a non-renewal notice to attempt to influence or force out a tenant is illegal. It could lead to an expensive lawsuit, primarily when 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 (which is vital!), you need to continue doing so throughout the non-renewal process. Maintaining professionalism is crucial even if your renter is angry or hurt by unwillingness to renew their lease. Showing you care about your tenant could help you to avoid retaliatory damage or other undesirable actions even if you want things to finish. If everything goes well, you may part with your tenant on good terms.
One of the most efficient tactics to manage a non-renewal situation is to hire an expert. Real Property Management Excelled offers help from our property managers in Tacoma with modifications to your lease, ownership status, or repairs. To find out more, please contact us online or call 253-275-5999 today.
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