Best Way to Not Renew a Lease with Least Drama?

Best Way to Not Renew a Lease with Least Drama?

Allston, MA · Member since 2014 · 5 posts · 0 votes

I have a tenant whose lease I don't want to renew. He's not the worst possible - he pays his rent and doesn't live like a pig. But he is difficult, demanding, demeaning and causes me a lot of stress.  

This is a very nice rental. Not super-fancy, but well above average, and I maintain it very well, always doing a little something to improve it.  His complaints are endless. For example, when he moved in he said he didn't like the fridge because it was older. I told him that I wasn't going to replace it;  it was in good condition and efficient. A few weeks later, he claimed it wasn't keeping food cold. I didn't yet know that most of his complaints were invented- and I was away and couldn't check it out -so I bought him a new (nice, mid-range, stainless) fridge. A few months later, he complained that the freezer was dripping. I went over with my handy person, who determined it was because he had so much food piled up that the vents were totally blocked. 

When i informed him of this, I received a barrage of letters about how he shouldn't have to rearrange his food, and I'd bought him a crappy fridge etc. That's the tip of iceberg. He complains constantly about everything. Recently I had a plumber come because he complained the toilet was making a strange sound. I was with the plumber the whole time. He later claimed that his back door was no longer locked and that the plumber must have unlocked it. (Impossible. Aside from the fact that the plumber is totally trustworthy, I was standing between the bathroom and the back door the whole time.) Ever since then, he won't let me come and do needed maintenance or repairs (e.g. changing smoke alarm batteries) unless he or his wife are home. I have a regular lawn and snow service but I constantly get emails from him that the grass is too long or the snow plow came too late at night, etc.  Then he is condescending and tells me in an  email "I'm just trying to help you be a better business person."  I could go on and on, but I won't, as this is already long.The other tenants (two other units) are lovely and I have no problem with them.  

I live in MA. My main question is this: His lease is coming due and I don't want to renew it. From a legal point of view, I don't think I need to give a reason. Is that correct? But from a conflict-avoidance point of view, what's the best way to handle it in terms of a reason? I am not going to pretend I'm having a relative move in, because I don't want to lie - and anyway there's a complication in that his wife is friends with one of the other tenants and will know it's not true.  I could say that I want to do renovations, which is true. 

I plan to give him three months notice (instead of the two required by the lease). Does anyone have other advice or cautions about how to handle this with as little conflict or legal risk possible? 

Thanks very much. 

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Curtis BidwellPro Member
Rental Property Investor · Olympia, WA · Member since 2014 · 781 posts · 744 votes
8y

@Midge C. If you are only required 2 months notice, then give him the required notice of non-renewal.  You don’t owe him any more and it will only create an additional month of conflict to give him extra time.  I would not offer any reason.  The lease has expired and you are not renewing.  End of story.  It’s not an eviction, it’s a termination of your business relationship. If he chose  to leave he would give proper notice and you have the same right.

Keep it professional. If he asks directly simply say, “Thank you for your business but we are going a new direction after your lease expires.”   Your plans for the unit are of no concern to him.

In our state we give 20 days notice to terminate (if month to month) ... and they almost always figure out where to move to! 

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  • Curtis BidwellPro Member
    Rental Property Investor · Olympia, WA · Member since 2014 · 781 posts · 744 votes
    8y

    @Midge C. If you are only required 2 months notice, then give him the required notice of non-renewal.  You don’t owe him any more and it will only create an additional month of conflict to give him extra time.  I would not offer any reason.  The lease has expired and you are not renewing.  End of story.  It’s not an eviction, it’s a termination of your business relationship. If he chose  to leave he would give proper notice and you have the same right.

    Keep it professional. If he asks directly simply say, “Thank you for your business but we are going a new direction after your lease expires.”   Your plans for the unit are of no concern to him.

    In our state we give 20 days notice to terminate (if month to month) ... and they almost always figure out where to move to! 

  • Rental Property Investor · Glendale, CA · Member since 2013 · 685 posts · 334 votes
    8y

    I think you need to handle this situation like a business transaction: serve the 60 day notice for non renewal per your lease agreement; ensure this is following your governing county guidelines and be prepared to serve an eviction notice. You do not owe him an explanation. 

    As the old saying goes, give them an inch and they'll take a mile. 

    To your success!

  • Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    8y
    Your tenant sounds similar to one of ours. Our tenant found Jesus when i told him we he should start looking for a new place since 's clearly not happy and I don't think we're a good fit
  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
    8y

    Provide the notice to the tenant in writing. No drama or explanation needed.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    8y

    I am not that great at being a landlord.. but in a few instances.. I just said I am raising the rent by a bunch  if it was 1000 a month I send a new lease at 1500.. they say heck we can't pay that we are leaving.. end of discussion.. if they say OK well I make 500 a month for the hassle factor.. LOL..

    although don't take my advice I am admitidly not the greatest landlord.

  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    You are operating a business. The most important factor is that you be professional. Issue a standard non renew, without any reasoning, and give only the required 60 days notice. Up till now your tenant has owned you, do not allow that to continue with the termination.

    He will harp and hound you to not do it and to provide a reason. Give no more response than it is a business decision and reasons beyond that are not required.

    You may want to consider signing a M2M lease with your next tenant.

  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    8y

    I have found the Pareto principal of 80/20 does not apply to landlording. For us it can be more like 95/5. 95% of our problems can be created by 5% of our customers and properties. 

    Think about that. This 1 person is causing pain and indigestion and drama. I started carving away my 3 problem children with 'I will miss you's' and selling my 3 least favorite houses.  I am beginning to know peace and highly recommend doing the same! 

  • Investor · Northern, VA · Member since 2016 · 1k+ posts · 904 votes
    8y
    Originally posted by @Midge C.:

    I have a tenant whose lease I don't want to renew. He's not the worst possible - he pays his rent and doesn't live like a pig. But he is difficult, demanding, demeaning and causes me a lot of stress.  

    This is a very nice rental. Not super-fancy, but well above average, and I maintain it very well, always doing a little something to improve it.  His complaints are endless. For example, when he moved in he said he didn't like the fridge because it was older. I told him that I wasn't going to replace it;  it was in good condition and efficient. A few weeks later, he claimed it wasn't keeping food cold. I didn't yet know that most of his complaints were invented- and I was away and couldn't check it out -so I bought him a new (nice, mid-range, stainless) fridge. A few months later, he complained that the freezer was dripping. I went over with my handy person, who determined it was because he had so much food piled up that the vents were totally blocked. 

    When i informed him of this, I received a barrage of letters about how he shouldn't have to rearrange his food, and I'd bought him a crappy fridge etc. That's the tip of iceberg. He complains constantly about everything. Recently I had a plumber come because he complained the toilet was making a strange sound. I was with the plumber the whole time. He later claimed that his back door was no longer locked and that the plumber must have unlocked it. (Impossible. Aside from the fact that the plumber is totally trustworthy, I was standing between the bathroom and the back door the whole time.) Ever since then, he won't let me come and do needed maintenance or repairs (e.g. changing smoke alarm batteries) unless he or his wife are home. I have a regular lawn and snow service but I constantly get emails from him that the grass is too long or the snow plow came too late at night, etc.  Then he is condescending and tells me in an  email "I'm just trying to help you be a better business person."  I could go on and on, but I won't, as this is already long.The other tenants (two other units) are lovely and I have no problem with them.  

    I live in MA. My main question is this: His lease is coming due and I don't want to renew it. From a legal point of view, I don't think I need to give a reason. Is that correct? But from a conflict-avoidance point of view, what's the best way to handle it in terms of a reason? I am not going to pretend I'm having a relative move in, because I don't want to lie - and anyway there's a complication in that his wife is friends with one of the other tenants and will know it's not true.  I could say that I want to do renovations, which is true. 

    I plan to give him three months notice (instead of the two required by the lease). Does anyone have other advice or cautions about how to handle this with as little conflict or legal risk possible? 

    Thanks very much. 

     Notice is must... Send it in email, regular mail and certified. Just to cross the Ts and dot the Is. 

    Alternatively this is what you gotta learn... One word....IGNORE... As a landlord, I had to learn that.  Have a conversation w/ him, and tell him why you are unhappy... Have a man to man with him.. Sit across the table and look in his eyes and tell him.. "Listen dude... You are a good tenant.. But you gotta change this if you want to stay...".  Then if he keeps his shenanigans IGNORE him.  You gotta be able to tell difference between what's real and what's nuisance.  

    You can always raise the rent, but MA is a liberal state. Check the local laws and state laws for rent control. If there are, you can't just raise it to whatever you want. I would raise the rent too.  They are lot better to deal with than dealing with those who don't pay and turn your property into a pig sty. 

    If you can't deal with this, get a PM who can.. 

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