Is Non-Renewal The Same As Eviction?
It’s vital to comprehend that non-renewal and eviction are two different processes. Eviction is how a landlord can validly remove a tenant from a rental property. This typically occurs when the tenant breaks a rule in their lease. Removal necessitates legal steps, such as court hearings, and might entail law enforcement displacing the tenant.
Non-renewal, however, is not about forcing the tenant to leave. This implies 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. Similar to termination, non-renewal must adhere to specific laws in your state. Laws about renting and leases vary by state, making it essential to research and understand the procedures required to ensure your non-renewal follows the law.
When and Why to Choose Non-Renewal
The non-renewal process generally commences with a notice sent to your tenant that their lease will not be extended. 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 some areas, the notice must be sent 90 days before the lease’s end. In others, it may only be 30 days. Although you likely don’t have to give a reason for the non-renewal, the notification must typically be delivered in writing and, in certain states, should be dispatched via certified mail or another signature-based service. It is important to know what the law in your state requires to guarantee adherence to all applicable regulations.
Legal Considerations and Fair Housing Compliance
It’s also a good idea not to use non-renewal for situations that require an eviction, a modification in lease terms, or to raise the rent. In numerous areas, utilizing a non-renewal notice to attempt to coerce or force out a tenant is illegal. It could lead to an expensive lawsuit, particularly if a renter believes 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
Once you have established good communication with your resident (and you should!), It’s vital to maintain doing so throughout the non-renewal process. Even if your renter feels distressed or wounded by your unwillingness to renew their lease, it’s advisable to retain professionalism. By showing you care about your tenant, even when it’s time to conclude the arrangement, you can potentially avoid retaliatory damage or other undesirable conduct and, if the situation unfolds positively, part with your tenant on good terms.
One of the most successful methods to manage a non-renewal situation is to hire an expert. At Real Property Management of Soflo, our property managers in Miami-Dade County can help you with modifications to your lease, ownership status, or maintenance. For additional information, please contact us online or call 786-527-1686 today.