A crucial factor in keeping your rental vacancies low is locating (and securing) good tenants. But occasionally, things don’t work out between you and your tenant. Perhaps your circumstances are changing, or you must do major repairs. On such occasions, non-renewal is the most useful approach to end your current lease. This article will examine the non-renewal process and emphasize some vital points you should know to handle it properly.
Is Non-Renewal The Same As Eviction?
You should remember that non-renewal and eviction are two different processes. Eviction is how a landlord can validly remove a tenant from a rental property. This normally transpires when the tenant breaks a rule in their lease. Expulsion involves legal steps, such as court hearings, and may necessitate law enforcement to remove the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This shows that the landlord chooses not to extend the lease after the end of the current lease term. Nevertheless, 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, making it critical to research and understand the necessary procedures to guarantee that your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process mostly 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 certain areas, the notice must be sent 90 days before the lease’s end. In others, it might be just 30 days. Although you aren’t obligated to give a reason for the non-renewal, the notice must typically be delivered in writing and, in certain locations, 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 stick to all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also vital not to use non-renewal for situations that require an eviction, an alteration in lease terms, or to raise the rent. In most areas, trying to utilize a non-renewal notice to manipulate or force out a tenant is illegal. An expensive lawsuit could result if a tenant thinks 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 familiarizing yourself with and following the local statutes to the letter.
Communicating Non-Renewal Clearly and Professionally
If you have established good communication with your resident (which is imperative!), it’s crucial to maintain that communication during the non-renewal process. Even if your tenant feels disheartened or unhappy by your unwillingness to renew their lease, it’s important to show professionalism. By expressing you care about your tenant, even when it’s time to part ways, you can potentially avoid retaliatory damage or other undesirable actions. If the outcome is positive, you may part with your tenant on good terms.
One of the most successful tactics to manage a non-renewal situation is to hire an expert. At Real Property Management NW Indiana, our property managers in Schererville are eager to help you with alterations to your lease, ownership status, or upkeeps. To get more details, please contact us online or call 219-525-1277 today.
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