Is Non-Renewal The Same As Eviction?
Comprehending that non-renewal and eviction are two different processes is vital. Eviction is how a landlord can lawfully remove a tenant from a rental property. This generally takes place when the tenant breaks a rule in their lease. Eviction needs legal steps, encompassing court hearings, and may involve law enforcement in the expulsion of the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This denotes that the landlord chooses not to extend the lease upon the expiration of the current lease term. However, a landlord cannot just wait until the lease ends and then suddenly ask the tenant to move out. Non-renewal, akin to eviction, should adhere to specific laws in your state. Laws about renting and leases vary by state, so it’s necessary to research and understand how to proceed to guarantee that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process typically begins with a notice sent to your tenant that their lease will not be 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 particular locations, the notice must be sent 90 days before the lease’s end. For some, it may only be 30 days. Although you are not obligated to give a reason for the non-renewal, the notice must typically be delivered in writing and, contingent upon the state, should be transmitted via certified mail or another signature-based service. You’ll need to know what the law in your state requires to ensure that you meet all applicable regulations.
Legal Considerations and Fair Housing Compliance
It is also important not to use non-renewal for situations that require an eviction, a revision in lease terms, or to raise the rent. In numerous states, employing a non-renewal notice to attempt to deceive or force out a tenant is illegal. This could end up in an expensive lawsuit, particularly if a tenant sees 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 essential!), you need to continue doing so throughout the non-renewal process. Upholding professionalism is essential, even when your tenant is upset or distressed by your unwillingness to renew their lease. Presenting that you care about your tenant could help you to avoid retaliatory damage or other unfavorable actions, even if you wish to conclude matters. Should all proceed favorably, you may part with your tenant on good terms.
One of the most successful approaches to managing a non-renewal situation is to hire an expert. Real Property Management Ambassadors provide assistance from our property managers in Moorhead with revisions to your lease, ownership status, or maintenance. To find out more, please contact us online or call 701-970-2600 today.