A major part of keeping your rental vacancies low is finding (and retaining) good tenants. But there will be times when things won’t work out between you and your tenant. It could be that your circumstances have changed, or you need to do some major repairs. In such cases, one of the best ways to end your current lease is through non-renewal. Here, we will discuss the non-renewal process and some key points to know in order to handle it properly.
Non-Renewal Vs Eviction
First, you must remember that non-renewal is different from eviction. Eviction is the legal process through which a landlord may remove a tenant from a rental property. This process usually begins when the tenant has violated one or more of the terms of their lease and typically requires legal filings, court hearings, and a legal order that is perfected with law enforcement removing the renter from the property.
On the other hand, non-renewal is different since you are not forcing the tenant out. It is a choice not to renew the lease at the end of the lease term. This, however, does not mean that a landlord can just wait until the end of the lease term and then ask the tenant to leave. Just as an eviction requires you to follow certain steps, a successful non-renewal process should also follow the laws and regulations in your state.
States have different laws governing rental properties and leases, so you must do your research and note the steps to take to ensure that your non-renewal is in accordance with the law.
The Non-Renewal Process
The non-renewal process is often kicked off by a notice sent to the tenant stating that their lease is no longer being renewed. This notice is intended to inform your tenant that the lease will no longer be renewed at the end of their current term.
How far advance the lease end this notice should be sent differs between states since each has different requirements and timeline of non-renewal notices. For some regions, this could be 90 days in advance. Others require only 30 days. While you probably don’t need to give a reason for the non-renewal, the notice must typically be delivered in writing, and in some states, must be sent through certified mail or another signature-based service. It is important that you know what the law in your state requires so you can follow all applicable regulations.
It is extremely important that you do not use non-renewal for situations that require an eviction, change of lease terms, or raising the rent. In most places, it is illegal to use a non-renewal notice to manipulate or force out a tenant. It could become an expensive lawsuit, especially if the tenant feels that you did not give them adequate notice or that their lease was terminated in violation of local law. These legal headaches can be avoided by following the local statute to the letter.
It also helps to have good communication with your tenant before and throughout the non-renewal process. Even if your tenant feels upset with the thought of you not renewing their lease, it is important to maintain professionalism at all times. By showing you care about your tenant, even when you need to end things, you can avoid potential retaliatory damage or any unwanted behaviors and, part with your tenant on good terms.
One of the best ways to handle a non-renewal situation is to hire an expert to do it. At Real Property Management North Point, our Lawrenceville property managers can help you navigate through the changes in your lease, ownership status, or repairs. Learn more by contacting us online or calling at 404-341-2102 today.
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