Free Non-renewal of Lease Letter Template
A lease non-renewal letter is a document that a landlord sends to a tenant informing them that their lease agreement will not be renewed once it expires. This type of letter is usually sent out 30-60 days before the lease agreement is set to expire. It is important for landlords to know how to properly draft and deliver a lease non-renewal letter to ensure that their legal rights are protected and to avoid any unnecessary legal issues.
Does a Landlord Need a Reason to Not Renew a Lease?
In most states, landlords are not required to provide a reason for not renewing a lease agreement. Landlords have the right to choose not to renew a lease agreement for any reason, as long as it is not discriminatory or retaliatory. Discriminatory reasons would include discrimination based on a tenant's race, religion, gender, or other protected classes. Retaliatory reasons would include a landlord choosing not to renew a lease agreement as retaliation for a tenant exercising their legal rights, such as filing a complaint or request for repairs.
Common Reasons for Not Renewing a Lease
Here are some common reasons why a landlord may choose not to renew a lease agreement:
- The landlord wants to sell the property.
- The landlord wants to make renovations to the property.
- The landlord wants to use the property for personal use.
- The tenant has violated the terms of the lease agreement.
- The landlord and tenant have had ongoing conflicts or issues.
When Does a Lease Non-Renewal Letter Need to be Sent?
A lease non-renewal letter should be sent out 30-60 days before the lease agreement is set to expire. This will give the tenant enough time to find a new place to live and make necessary arrangements.
How Should a Lease Non-Renewal Letter be Delivered?
The best delivery method for a lease non-renewal letter is via certified mail with return receipt requested. This will provide proof that the letter was delivered and received by the tenant.
What Happens Once a Lease Non-Renewal Letter is Sent?
Once the lease non-renewal letter is sent, the tenant has two options. They can either vacate the property at the end of the lease agreement, or they can choose to remain in the property beyond the lease agreement, which is known as "holding over." If the tenant holds over, the landlord may need to take legal action to have them evicted.
What is a Hold Over?
A hold over is when a tenant remains in a rental property after their lease agreement has expired. This is also known as "tenancy at sufferance." If a tenant holds over, the landlord can take legal action to have them evicted.
Steps After the Tenant Acknowledges the Lease Non-Renewal Letter and Vacates the Property:
Once the tenant acknowledges the lease non-renewal letter and vacates the property, the landlord should take the following steps:
- Conduct a final walkthrough of the property with the tenant to document any damages.
- Return the security deposit to the tenant, minus any deductions for damages or unpaid rent.
- Provide the tenant with a copy of the final walkthrough report and an itemized list of any deductions from the security deposit.
How to Write a Lease Non-Renewal Letter
Here is a sample lease non-renewal letter that landlords can use as a guide:
[City, State ZIP Code]
[City, State ZIP Code]
Dear [Tenant's Name],
I am writing to inform you that your lease agreement for the property located at [Property Address] will not be renewed after the current lease term expires on [Lease Expiration Date].
Please be advised that you are required to vacate the property by the end of the lease term. If you have any questions or concerns regarding this matter, please do not hesitate to contact me.
State Laws Regarding Lease Non-Renewal Letters
Each state has its own laws regarding lease non-renewal letters. Here are some bullet points outlining the laws for all 50 states:
- Arizona - 30 days
- Alabama - 30 days
- Arkansas - 30 days
- Alaska - 30 days
- Connecticut - 3 days
- Colorado - 21 days
- California - 30 days
- Delaware - 60 days
- Florida - 15 days
- Georgia - 60 days
- Hawaii - 45 days
- Illinois - 30 days
- Idaho - 30 days
- Iowa - 30 days
- Indiana - 30 days
- Kentucky - 30 days
- Kansas - 30 days
- Louisiana - 10 days
- Maryland - 60 days
- Maine - 30 days
- Massachusetts - The longer of 30 days or the interval between the days or rent payment
- Mississippi - 30 days
- Minnesota - The lesser of three months or the interval between the time rent is due
- Michigan - One month
- Montana - 30 days
- Missouri - One month
- Nevada - 30 days
- Nebraska - 30 days
- New Jersey - One month
- New Hampshire - 30 days
- New York - 30 to 90 days, depending on the length of the lease
- New Mexico - 30 days
- North Dakota - One month
- North Carolina - 7 days
- Ohio - 30 days
- Oregon - Between 30 and 90 days, depending on the length of the lease
- Oklahoma - 30 days
- Pennsylvania - 15 days
- Rhode Island - 30 days
- South Dakota - One month
- South Carolina - 30 days
- Texas - One month
- Tennessee - 30 days
- Utah - 15 days
- Virginia - 30 days
- Vermont - 30 days
- Washington D.C. - 30 days
- Washington - 20 days
- Wyoming - No statute
- Wisconsin - 28 days
- West Virginia - One month
Can a Tenant Decide Not to Renew the Lease?
Yes, tenants have the right to decide not to renew a lease agreement. Tenants should provide their landlord with written notice of their intent not to renew the lease agreement in a timely manner, as specified in the lease agreement.
In conclusion, lease non-renewal letters are an important part of the landlord-tenant relationship. It is important for landlords to know their legal rights and obligations when it comes to non-renewing a lease agreement. By following the guidelines outlined in this blog post, landlords can help ensure a smooth and legally compliant non-renewal process.
My name is Nick Caucci and I help run the Rentroom blog. Over the years, I have seen and helped many different property managers and owner-operators streamline their daily, weekly, monthly, and yearly workflows.