Non-renewal end of lease help

[Linda Thomas]

Hello all,

I have a tenant that has been w/ me for 9 months and I plan on sending her a letter of non-renewal. She has been late every single month. I have a few questions that I need help with please! 

1. Do I need to provide a reason in the letter I mail her 60 days prior as to why I am NOT renewing her lease? 

2. What if the lease end date arrives and she doesn't leave the property? I think I just need to file for eviction as she is a holdover tenant right? but I do not  have anything in my lease about holdover tenants? Do I give "notice to vacate" 15 days? on the first date after the lease expired and just send it certified mail?

[Patricia Steiner]

Many municipalities/states do not require a non-renewal letter but I am an advocate of sending the letter and giving us much notice as possible since housing is in short supply in my market.  Do not give a reason; simply state that her lease will expire on (date) and that the lease will not be renewed.  Then ask her to schedule a final walk of the property/unit with you - when it is completely vacant of all possessions/trash/persons - on or before the expiration date so that her security deposit can be promptly processed.  Attached a set of conditions for the return of security deposit (clean, free of trash, no holes in wall, appliances clean/empty of food, personal items, etc).  This allows you to turn a "you're not staying" letter into "here's what needs to happen by that date" - and then manage to it.  Ten days prior to lease end, contact her to confirm move out time and schedule the walk-through.  You'll want to take photos of each room and bring any photos from when she moved in.  And, if she doesn't move out, it is considered illegal possession AS LONG AS you do not accept any rent from her in any amount.  I find that when the letter is sent that has action items for getting any security deposit back (or not being sued for damages) and then managing it a couple of weeks before the lease end, you'll know early if they're not packing and cleaning for the inevitable end.  Hope this helps (and I'm proud of you for not continuing on with a tenant who is unwilling or unable to keep her commitment to you...you would be surprise how many landlords tolerate it for years!).  Best...