Non-renewal of lease?

Question

I am a landlord and my tenant has been habitually late with his rent (5 times late, 3 times returned check) out of 9 months. Is this grounds for me to not renew his lease at the end of the term? If so, how much notice do I give? If he doesn't leave, then what?

Thanks for your help.

Thanks for the reply everyone.. It really helped a lot.. I'm actually working with a lawyer now to get him evicted.

Answer 1

You don't need any reason at all to refuse to renew a lease. The fact that your tenant is habitually late is certainly grounds for doing at least that and may even be grounds for early eviction if you want to go that route. (Personally I would have already put him out, but that's just me.)

The lease agreement you signed with your tenant should specify the notice period required. It's usually 30 days and must cover one full rental period. For example, if the lease expires at the end of February, you must give notice no later than January 29th to be safe for it to be effective on March 1st. If you gave notice on February 2nd, it would take effect April 1st.

Local laws may proscribe a longer notice period. For example in the UK a landlord must give 60 days notice whilst a tenant only needs to give 30. You can mutually agree to longer notice periods but not anything shorter.

You should send the notice by Certified Mail, Return Receipt Requested with a duplicate copy by regular First Class Mail. Mail it out several days early to ensure that it arrives on time.

If the tenant fails to move by the appropriate date you'll need to start eviction proceedings. If the tenant fails to pay the last month's rent (usually telling you to let the deposit ride) start eviction proceedings immediately unless the lease explicitly allows him to use the deposit as the last month's rent.

In some jurisdictions you may charge double or even triple rent for the holdover period.

Consult with a local attorney for advice on eviction proceedings. If you don't do it properly you could find yourself in deep legal trouble. NEVER attempt a "self-help" eviction, lockout or cut the utilities. Landlords have wound up in jail for that!

Answer 2

If the lease is up either party has a choice not to renew. If the landlord chooses not to renew there is nothing that can be done by the tenant. If the owner wants to move back in and the lease is up, well, it's his property. The tenant can stay and the landlord will have to go to court and get an eviction. All it will do is delay the inevitable by 30-60 days. The tenant will then have an eviction on his/her record and will have a very hard time getting a new apartment.

Answer 3

You don't need grounds for not renewing the lease. Your lease agreement should list how the lease is renewed (if automatically). Otherwise, most states have a 30-60 day requirement for the tenant or landlord to say (in writing) they are not renewing the lease.

Check your state's laws on tenant rights for details on canceling or not renewing a lease.

Answer 4

Notice is determined by the wording of the lease, but you must give written notice of your intention not to renew. You do not need to provide reasons, as the lease term has ended, and you are within your righst not to extend the time.

Answer 5

I would think that this has a lot to do with how your lease agreement is written and what kind of flexibility you are given that would allow for early termination or a non renewal.

Answer 6

You need NO grounds to not renew a lease.

Answer 7

I agree with the others. They have not kept their part of the agreement. Give them 60 days (if you can, JUST TO BE NICE!) and let them out of it. 30 days is okay in most states, so if you have that many do that.

Answer 8

you may terminate your lease anytime your tenant does not fulfill their obligation to pay rent. they have 5 days to pay, if it keeps bouncing it's enough grounds to have them evicted.

Answer 9

normally 30 days notice is the law in many states