A crucial aspect of keeping your rental vacancies low is identifying (and securing) good tenants. However, 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 the ideal approach to end your current lease. In this post, we will talk about the non-renewal process and some critical factors you’ll need to learn to handle it properly.
Is Non-Renewal The Same As Eviction?
You have to bear in mind that non-renewal and eviction are two different processes. Eviction is how a landlord can rightfully remove a tenant from a rental property. Generally, this happens when the tenant breaks a rule in their lease. Legal steps, such as court hearings, are critical for eviction, and the tenant may be expelled by law enforcement.
Non-renewal, however, is not about forcing the tenant to leave. This specifies that the landlord chooses not to extend the lease after the end of the current lease term. However, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Comparable to eviction, non-renewal should adhere to specific laws in your state. Laws about renting and leases vary by state, so it’s critical to research and understand the actions required to guarantee that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process commonly begins with a notice sent to your tenant that their tenancy is not being continued. 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 transmitted varies since each state has different requirements on the timing of non-renewal notices.
In several places, the notice must be sent 90 days before the lease’s end. For some, it may only be 30 days. While you probably do not need to give a reason for the non-renewal, the notice should typically be delivered in writing and, in some places, must be conveyed through certified mail or another signature-based service. It is critical to know what the law in your state requires so you’ll be familiar with all applicable regulations.
Legal Considerations and Fair Housing Compliance
Furthermore, it is important not to use non-renewal for situations that require an eviction, a revision in lease terms, or to raise the rent. In many areas, using a non-renewal notice to attempt and control or force out a tenant is illegal. This may cause an expensive lawsuit, mainly when a tenant seems 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 comprehending 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 have to continue doing so throughout the non-renewal process. It’s critical to remain professional even if your unwillingness to renew their lease causes them to feel bad or hurt. You may be able to avoid retaliatory damage or other bad behaviors and, by showing that you care about your tenant, even if you need to end the lease. If handled properly, you may be able to part with your tenant on good terms.
One of the successful ways to manage a non-renewal situation is to hire an expert. At Real Property Management Clarity Central, our property managers in Delaware can help you with fixes, ownership status adjustments, or lease alterations. For more info, please contact us online or call 614-405-2340 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.
