A Notice of Non-Renewal of Lease is a document landlords send to notify a tenant that they will not be renewing their lease. This notice will inform the tenant of their obligations under their current lease including their remaining rent payment(s) and instructions for moving out. Failure to timely send this notice could lead to difficulties in terminating a tenant’s lease.
Failing to renew a lease based on one of the above reasons can result in fines, penalties and a potential lawsuit from a former tenant.
For fixed term leases, the lease agreement should provide the minimum time required, if any, for sending a Notice of Non-Renewal of Lease. Failure to send the notice in a timely manner will convert the expiring lease into a month-to-month tenancy, unless your lease says otherwise.
Even if a notice is not required, a Notice of Non-Renewal of Lease is strongly recommended. This provides the tenant with time to find a new place to live. The tenant’s response will also help determine if the tenant plans to comply or if there may be additional legal action you will need to take.
If a lease has lapsed and is on a month-to-month basis there is often no language in the lease agreement for how to terminate the lease.
Depending on the state, a landlord will have a specific timeframe for sending the notice. It’s important that landlords meet these timeframes to avoid any further delays. See the chart below for your state’s time requirements for sending a Notice of Non-Renewal.
If there isn’t a specific time period that is provided by your lease or state law, a Notice of Non-Renewal of Lease should still be sent. Typically, it is recommended to provide at least 60 days’ notice. A Notice of Non-Renewal of Lease provides the following benefits:
The Notice of Non-Renewal of Lease should include the following information:
Most lease agreements will specify how communication should be sent between the landlord and tenant.
Ideally, you want to send a notice in a way that requires a signature confirmation to document its receipt. This can be accomplished by certified mail or send it by restricted certified mail which requires the tenant to be the only person that can sign for the notice.
The landlord should keep a copy of this notice filed with a notation of the delivery method and any other relevant information.
Once a landlord has sent the Notice of Non-Renewal, it’s important to know what may happen next and what you need to do.
In a typical scenario, the tenant will acknowledge the notice and make plans to move out in accordance with the lease and move-out instructions. The landlord can communicate with the tenant to finalize the process based on these instructions. These move-out instructions typically include things like:
If you are planning on renting out the unit again it’s time to start planning for a new tenant. This includes:
If a tenant does not vacate the premises, the landlord can begin the eviction process. The fact that you have documented communication notifying the tenant of your decision to not renew the lease is a good starting point for removing a holdover tenant.
It is recommended to not accept rent payments. Acceptance of payment may waive your rights to eviction and the tenant may be considered as having a month-to-month lease.
Please read our additional resources when dealing with a Tenant Holdover.
Rental Application Form
Residential Lease Agreement
Room Rental Agreement
Month-to-Month Lease Agreement
Residential Sublease Agreement
Eviction Notice Form
Security Deposit Law
Breaking a Lease Early
Rent Control Laws by State
Landlord Tenant Rights
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