Rental Property Investor · Portland, ME · Member since 2021 · 13 posts · 0 votes
Hi Everyone,
I am a new landlord. I was assured by the selling agent and owner when I brought the property that the tenants in the unit I wanted to occupy would move out and to a different unit. However, they refuse to move (even with discounted rent offered). Unfortunately they had just signed a lease with he previous owner so I have to wait a year to occupy the unit. With that said, I am anticipating that they may refuse to move when their lease is up. I know I have to notify them well in advance that I will not be renewing their lease. Does anyone have an example of the proper legal notice I should serve them to notify them their lease will not be renewed?
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
5y
Non-renewal notice is not like eviction paperwork. All you need is a short note saying their lease will not be renewed when it expires on X-date. Typically you must give them at least 30 days notice. (We give them this notice 90 days before)
I recommend you check the language of the lease that you inherited. It SHOULD specify additional rent for month-to-month or holdover. If it does not, I would add to your non-renewal notice. Indicate that if they choose to stay beyond the end of the lease, their rent will increase by $200 (or whatever).
I doubt the tenants ever wanted to move since they just signed a new lease. What does their lease say about renewal and non-renewal time frames? I would make sure you send the notice certified mail to them.
Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes
5y
@Jessica Pierce It's possible that your notice of non-renewal could depend on what state you are in. We are required to send one type of non-renewal for a standard lease term and a different one for month to month leases. If you DM me I can point you toward a good one to use if you would like.
We send a Notice To Terminate Tenancy when we want a tenant out when their lease expires.
I don't know about other states, but in California we have to give tenants a 60-day notice to terminate a month-to-month when the tenant has resided in the unit more than 1 year. I think 30 days is far too short a notice even when the tenants lived in a unit for only a few months and 60 days should always be given to a tenant with the exception of a serious problem tenant.