Landlord Question - How to approach not renewing a tenants lease?
Investor · Boston, MA · Member since 2016 · 245 posts · 436 votes
Hi all,
Just a quick question for everyone. I bought a triplex in August 2016 and inherited all of the tenants. The lease on one of the tenants is expiring in 60 or so days and I do not want to renew it (he consistently pays late, could get more in rent for the unit, etc). I'm just wondering on how to word the notice of non renewal letter that I plan on sending him. Does anyone know of a template or a resource I can utilize in order to professionally word the notice/what I should say within it? Any help would be appreciated.
-Axel
Here is what we use, may be of help. Give as much notice as you can to increase the chances of them finding new housing by your desired date.
Terminate Rental Agreement
___[Date]___
___[Tenant]___
___[Street Address]___
___[City and State]___
Dear ___[Tenant]___,
Please take notice that Landlord hereby gives you notice and requires you to quit and deliver up the possession of the premises you now hold as Tenant from month-to-month, located at ______________ on or before midnight _________. Reminder that the rental agreement states that tenancy may be terminated by either party with 20 days' written notice prior to the end of the rental period.
In order that we may mutually end our relationship on a positive note, this move-out letter describes how we expect your unit to be left and what our procedures are for returning your security deposit.
You are responsible for rent until___________. If we can re-rent your unit before that date, your responsibility ends on the day it is re-rented. To help accomplish that, please provide your actual move out date as soon as you know it and work with us to show the unit to prospective tenants.
Basically, we expect you to leave your rental unit in the same condition it was when you moved in, except for normal wear and tear. To refresh your memory on the condition of the unit when you moved in, refer to the Landlord/Tenant Checklist you signed at the beginning of your tenancy. Contact us if you want another copy. We'll be using this same form to inspect your unit when you leave.
Specifically, here's a list of items you should thoroughly clean before vacating:
[ ] Floors
[ ] sweep/mop laminate floors
[ ] vacuum carpets and rugs (shampoo if necessary)
[ ] mop kitchen and bathroom floors
[ ] Walls, baseboards, ceilings, and built-in shelves
[ ] Kitchen cabinets, countertops and sink, stove and oven--inside and out
[ ] Refrigerator--clean inside and out, empty it of food
[ ] Bathtubs, showers, toilets, and plumbing fixtures
[ ] Doors, windows, and window coverings
[ ] Other _________________________________________________________
If you have any questions as to the type of cleaning we expect, please let us know.
Please don't leave anything behind--that includes bags of garbage, clothes, food, newspapers, furniture, appliances, dishes, plants, cleaning supplies, or other items that belong to you.
Please be sure you have disconnected phone and utility services, canceled all newspaper subscriptions, and sent the post office a change of address form.
Once you have cleaned your unit and removed all your belongings, please call us to make arrangements to return all keys. Please be prepared to give us your forwarding address where we may mail your security deposit.
It's our policy to return all deposits either in person or at an address you provide within ____________________ after you move out. If any deductions are made--for rent due or because the unit is damaged or not sufficiently clean--they will be explained in writing.
If you have any questions, please contact us.
Sincerely,
________________________________________
Landlord/Manager
What does your lease, and the residential tenancy law of New Hampshire require you provide for Notice of Termination? In some jurisdictions - Ontario, Canada being an example - the tenant essentially calls the shots and the landlord cannot terminate a lease without cause. Here in New Brunswick we simple provide the required Notice of Termination (three months on an annual lease) that the lease will not be renewed and the tenant must vacate.
Having spent time working in New Hampshire, I would be surprised if it were not simply a matter of saying the lease will not be renewed.
Here is what we use, may be of help. Give as much notice as you can to increase the chances of them finding new housing by your desired date.
Terminate Rental Agreement
___[Date]___
___[Tenant]___
___[Street Address]___
___[City and State]___
Dear ___[Tenant]___,
Please take notice that Landlord hereby gives you notice and requires you to quit and deliver up the possession of the premises you now hold as Tenant from month-to-month, located at ______________ on or before midnight _________. Reminder that the rental agreement states that tenancy may be terminated by either party with 20 days' written notice prior to the end of the rental period.
In order that we may mutually end our relationship on a positive note, this move-out letter describes how we expect your unit to be left and what our procedures are for returning your security deposit.
You are responsible for rent until___________. If we can re-rent your unit before that date, your responsibility ends on the day it is re-rented. To help accomplish that, please provide your actual move out date as soon as you know it and work with us to show the unit to prospective tenants.
Basically, we expect you to leave your rental unit in the same condition it was when you moved in, except for normal wear and tear. To refresh your memory on the condition of the unit when you moved in, refer to the Landlord/Tenant Checklist you signed at the beginning of your tenancy. Contact us if you want another copy. We'll be using this same form to inspect your unit when you leave.
Specifically, here's a list of items you should thoroughly clean before vacating:
[ ] Floors
[ ] sweep/mop laminate floors
[ ] vacuum carpets and rugs (shampoo if necessary)
[ ] mop kitchen and bathroom floors
[ ] Walls, baseboards, ceilings, and built-in shelves
[ ] Kitchen cabinets, countertops and sink, stove and oven--inside and out
[ ] Refrigerator--clean inside and out, empty it of food
[ ] Bathtubs, showers, toilets, and plumbing fixtures
[ ] Doors, windows, and window coverings
[ ] Other _________________________________________________________
If you have any questions as to the type of cleaning we expect, please let us know.
Please don't leave anything behind--that includes bags of garbage, clothes, food, newspapers, furniture, appliances, dishes, plants, cleaning supplies, or other items that belong to you.
Please be sure you have disconnected phone and utility services, canceled all newspaper subscriptions, and sent the post office a change of address form.
Once you have cleaned your unit and removed all your belongings, please call us to make arrangements to return all keys. Please be prepared to give us your forwarding address where we may mail your security deposit.
It's our policy to return all deposits either in person or at an address you provide within ____________________ after you move out. If any deductions are made--for rent due or because the unit is damaged or not sufficiently clean--they will be explained in writing.
If you have any questions, please contact us.
Sincerely,
________________________________________
Landlord/Manager
Do it face-to-face. Then send a certified letter as a chaser. Just tell them "I had to make a business decision and as long as you leave the property in good shape I will return your entire security deposit." I have found it's better to deliver bad news in person, so they don't get the letter and an ambush. It's better to get one to the head than five in the chest and bleed out. Tough people make tough decisions, but do it with respect and I have never found a tenant who is not understanding.
Roy, thank you for your response. I have read New Hampshire law and from everything I have gathered it is as simple as providing at least 30 days notice to a tenant before the lease end date (or a month ahead of time on a M2M) unless specified otherwise within the lease. My main question was how other landlords typically word these notices/the language they use in the actual notice. In your notice of termination, do you differ the language based on the reason of termination or keep a consistent one?
Wow Michele, that helps a lot. Thank you for sharing! I will model mine off of yours.
Do NOT encourage the tenant to re-rent the apartment in the notice.