How to navigate non-renewal of lease?

Question

Marcus Auerbach · Answer

@John Humphries - don't fight him!! If your concerns are correct it would be a bloody one. Sit down with him, tell him you want to remodel the unit and ask him what his plans are for moving. If he is not agreeable just acknoledge the fact and have some smalltalk with him. Make him feel good and ask him some personal questions. (Dale Carnegie - How to win friends and influence people). See him again, have some nice smalltalk with him and tell you really need the unit back. He had time to think about it and you make him feel good about himself by treating him with a lot of respect and very friendly. If he does not want to do it, insist it's important to you and offer him cash for keys. If he does not want to do it, let him think on it and then get back and offer some more. When you serve notice, tell him that your offer still stands and the money is for his inconvinience and to cover moving expenses. The whole point is that emotionally he is the winner - let him be happy with the fact that he beat up another landlord. If that does not work you still have plan B and get a lawyer (will cost you the same as cash for keys).

Scott Schultz · Answer

@John Humphries I am not familiar with the laws in your jurisdiction, but I would say we are raising rents to market rent, and we are not renewing your lease. if the laws are like many places, you do not have to renew their tenancy, and if he doesnt leave, you evict. just make sure you follow the rules to a Tee, also review the terms of your lease, and have a copy that he signed to show him.

Bob B. · Answer

@John Humphries

I would let an attorney handle this.  No way I would do this DIY

John Humphries · Answer

Thanks @Bob B.. That's exactly what I'm going to do.

@Corina Eufinger Thanks for those tips!

@Scott Schultz His rent is $375/month in an apartment that should rent for ~$550, his utilities are paid for by me, he has a history of non/late payment, he doesn't meet my standards for tenant screening, and I'd like to update his unit because I'm trying to renovate the whole thing one unit at a time so I can refinance next year and pull some cash out. In addition to that, he's just a high maintenance tenant in general. At this point the only option I'm interested in is finding a new tenant for that unit. He's got a pretty sweet deal and I don't anticipate him wanting to move. Pair that with his in-depth knowledge of the law and his history of taking people to court and I'm worried that I'll be looking at the business end of a lawsuit if I try to get him out.

Scott Schultz · Answer

Also, Why do you want him gone? is he a slob? rent regularly late? just curious, because there may be different approaches for different reasons.

Scott Schultz · Answer

so you already know he doesnt want to leave? have you talked to him? he wont want an eviction on his record, unless he plans to live on the streets, if you are reasonable with him, I would bet he would be receptive.

Corina Eufinger · Answer

First, I would be sure you properly serve within you state's laws and have proof of service.  (I.e. if mailing is accepted as service send it registered mail.).  Next be sure your postmark is a least 3 mail days before the beginning of the 60 day notice. Cross I's and Dot your t's with the notice (make sure you spell out the address and all premises included; list all tenants; give the specific date of surrender).

In most states you would file an eviction for unlawful retainer of premises (or something to that effect). In Wisconsin you file on the 60 day notice.  If you issue the 5 day you are mucking stuff up and your professional tenant can find an out easily.     But, I would consult an attorney in the matter since I am not familiar with Delaware.

How to navigate non-renewal of lease?

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