A huge part of keeping your rental vacancies low is finding (and keeping) good tenants. However, occasionally, things don’t work out between you and your tenant. Possibly your circumstances are changing, or you need to accomplish various major repairs. In this case, one of the effective ways to end your current lease is through non-renewal. Hereinafter, we talk about the non-renewal process and certain essential things you’ll need to identify to handle it effectively.
Non-Renewal Vs. Eviction
First, it’s significant to bear in mind that non-renewal and eviction are two different things. Eviction is the legal process through which a landlord may remove a tenant from a rental property. This procedure frequently commences when the tenant violates one or more of the terms of their lease and mostly requires legal filings, court hearings, and a legal order that is completed with law enforcement removing the renter from the property.
Non-renewal, however, is different in that you are not forcing the tenant out. Alternatively, it is a preference not to renew the lease at the end of the current lease term. But on the other hand, that is not to say that a landlord can wait until the lease term ends and then request the tenant to depart. Just as eviction requires certain steps to be followed, a satisfactory non-renewal process must likewise follow the laws and regulations in your state.
The laws governing rental properties and leases are different from state to state, so it’s essential to do your research and determine what actions you must take to ensure your non-renewal is in accordance with the law.
The Non-Renewal Process
The non-renewal process usually starts with a notice sent to your tenant that their lease is not being renewed. The purpose of this notice is to inform 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 several regions, the notice must be sent 90-days in advance of the lease’s end. In others, it may just be 30 days. Although you perhaps don’t need to give a reason for the non-renewal, the notice must oftentimes be delivered in writing, and in particular, may require that it be sent through certified mail or another signature-based service. You’ll need to find out what the law in your state requires so that you can follow all applicable regulations.
It’s similarly substantially vital not to use non-renewal for situations that require an eviction, change the terms of a lease, or raise the rent. In some places, using a non-renewal notice to try and manipulate or force out a tenant is illegal. It could backfire in an expensive lawsuit, specifically when a tenant feels that they are not given adequate notice or that their lease is being terminated in violation of local law. You can abstain from legal headaches by comprehending and following the local statute to the letter.
If you have established effective communication with your tenant (and you should!), it’s significant to continue doing so throughout the non-renewal process. Although your tenant feels distressed or hurt by your unwillingness to renew their lease, it’s necessary to maintain your professionalism. By expressing your care about your tenant, even if you require things to end, you can possibly avoid retaliatory damage or other undesired behaviors and, if things work out, part with your tenant on good terms.
One of the best means to tackle a non-renewal situation is to hire an expert to do it for you. At Real Property Management Limitless, our Westlake Village 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 805-702-7800 today.
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