tenant very upset with non renew notice

[Daniel Okeefe]

Hi BP.  I don't post a whole lot but find the BP forums to be very informative so just looking for feedback or advice. Long story short, decided to not renew a 2.5 year tenant that paid the rent,

kept pretty much to himself but doesn't keep the unit in great shape in my opinion. He is very difficult when it comes to communications and very difficult to coordinate workers. So thought we not renew and get apartment rehabbed and up the rent which is currently $200 below +/-.  Before mailing notice i sent a friendly email ( 90 day notice ) outlining the non renewal ( did not give reason ) just non renewal. Well, he didn't take that very well and demanding reason. wrote a very lengthy respond basically calling me out as an ethically challenged slumlord and he is probably going to die in the streets and have to have his cats killed, live in his van, i could go on and on. health, financial issues, which i do somewhat believe just not to the extent he claims. So i plan on allowing him to stay as a MTM for 7 months with a small increase in rent and give him more than ample time knowing the rental market in FL is bad.  Sorry ended up being long story.  Anyways i attached a copy of what i intend to send to him certified mail and not addressing any of his claims against me ( there were many more ) I.E. claiming i am intentionally destroying his life ( his words) .  Does my response sound to wordy ? I want to be kind and have empathy for him if in fact he is in a dire situation and may have some mental health issues.. I want to be clear, direct and show empathy but do not want to renew especially after his emails.

SEE BELOW

NOTICE OF NON-RENEWAL OF LEASE

Date: 08/12/2022

To tenant:

XXXXXXXXXXX,

This letter is notice to you that your current lease/rental agreement for the premise located at XXXXXXXXXXX St, XXXXXXX FL, unit X will expire at midnight on 10/31/2022 and will not be renewed.

Our records show you have a security deposit in the amount of $1150.00 and a last month’s credit of $1150.00. Last month’s credit will be applied against the last month of residency.

All refunds due to you after deducting for any repairs / unpaid rent / any unreasonable cleaning conditions ( if applicable ) will be sent to your new address either with-in 15 days

( no claims against security ) or 30 days (claim against security) after you vacate and turn over property to us, as required by Florida law.

Please notify us of your forwarding address when known so that any refundable security deposit can be mailed to you.

NOTE: Per our e-mail correspondence on 08/05/2022 with Tenant XXXXXXXX, do to his stated extreme hardships, we agree to allow XXXXX to rent on a month-to-month term and extend him the courtesy to stay through May 2023. At that time, we require the unit to be vacated and available to us on June 1st. The amount of rent is set @ $XXXXX per month starting November 1st and remain for duration of period assuming tenant remains current and in good stature. No penalty for early return of unit/property.

This is NOT an eviction of any kind and should not be construed in any other way except owner taking control/ownership of unit. This is a simple Non renew of a contract.

We do thank you for your tenancy the last 21/2 years and keep us informed of any early departure before May 31st.

Sincerely,

_____________________________

landlord

Contact xxxxxxxxxxxxxxxxxx

PS: We inherited your original lease when we purchased the property, so please notify us if there are any discrepancies.

[Jeff Copeland]

I would not respond to the tenant's rants at all. Your correspondence will just end up in court 7 months from now when he refuses to leave next time, and you're validating the tenant's "extreme hardships" for the judge. 

In addition, this is not a month to month extension. It's a 7-month extension. If it were month to month, you could cancel it at any time with sufficient notice. As written, you are extending the tenant's lease for 7 months, but giving them no penalty for early termination (which is fine, just call it what it is).  

There is nothing wrong with extending them for 7 months. That is your prerogative. But there's no need to get into details or respond to the tenant's laundry list of concerns, it just muddies the water and gives them more ammunition in court. 

Finally, if you inherited the lease, now is your opportunity to update with with a solid lease prepared by an attorney of your choice. Clean up your paperwork, have the right ownership reflected in the lease, and make sure the lease term, notice requirements, early termination requirements, etc, are crystal clear and to your liking. 

When you end up in court (and you will eventually as a landlord), the person with the cleanest paperwork usually wins. As a property manager, there's nothing I hate more than having to evict a tenant and go to court with a lease that is several years old and signed by someone who owned the property 2 or 3 ownership changes ago. It just looks sloppy and it makes things confusing.