Can you inform a tenant their lease will not be renewed?

Question

I have a problem tenant that we inherited from a purchase.

They are causing drama, breaking things and trying to blame it on weather or break ins.

They called the health dept after they harassed one of my workers and she refused to finish to come back because of her and her husbands behavior so it took longer to finish.  Now they are trying to put their money in escrow over it..when we completed the job already.

I don't know what to do with them. I think they are on lease til August.  Can I inform them that we will not be renewing their lease, and they are welcome to leave anytime as long as given 30 days notice..?

Joseph Beilke · Answer

Read over your lease, and see if there is any verbiage that states if the tenant interferes with work or repairs of the property it my be grounds for immediate lease termination.

You should not tell them this early that you will not renew the lease, by offering them with out plenty immediate termination should be enough writing on the wall for them to assume it.  I agree with everyone else, give them a dead line too.  If they are willing to end lease early and have them sign a termination addendum on the spot with a final occupancy date already set in stone.

Lastly, start talks with an eviction attorney  and document document document.

Theresa Harris · Answer

Yes you can. As Nathan said, you can also invoke the 'happy' clause. Tell them it is clear they are not happy there and if they want to get out of their lease with no penalty, they have 1 week to let you know. Otherwise, confirm when the lease is expiring, how much notice you have to give them and tell them that you are not renewing their lease.

If the job is complete, they can't put money in escrow. If need be, talk to an attorney who specializes in evictions and have them deal with it.

If the job is complete, they can't put money in escrow.  If need be, talk to an attorney who specializes in evictions and have them deal with it.

Corby Goade · Answer

If you "think" they are on lease until August, then you are not on top of your lease and management like you should be. If I were in your situation, I'd know that lease from top to bottom and sideways. There's likely something in there, if you have a halfway decent lease, that states that access for repairs is required with proper notice. If they don't provide for that, it's a lease violation.

That said, I'd try the suggestions above- don't ask if they are happy- in writing, state that they are obviously not happy with the situation and you are willing to let them out of the lease, penalty free, if they notify you in writing within X days.

If that doesn't work, try cash for keys.

If that doesn't work, you COULD try to evict based on lease violations, but it might take you until August anyhow.

Finally- if none of those do not work, I would defintiely not send them a non-renew this early out- if they are vindictive, that gives them way too much time to make your life miserable. Give them 30, maybe 45 days notice.

Best of luck!

Nathan Gesner · Answer

I would start by documenting everything and then give them a 30-day Notice of Termination. Tell them to get out and see if they comply. If not, you can try to negotiate letting them leave with 30 days notice, refund of deposit with no cleaning, or some other incentive.

Phillip Austin · Answer

Interesting variety of recommendations in the thread.

Read through the lease in it's entirety. If it's a 'professional' lease, it most likely has language around interfering with maintenance contractors. If it does, you can post a demand for compliance and depending on your state, you can begin the eviction process after x number of demands/lease infractions. But, this is not your best bet. It's a long drawn out process and doesn't cure your headache.

Your best bet is to have an honest conversation with the tenants and first ask if they'd like to terminate the lease early with no penalty. If they say no, present a 'cash for keys' option in which you agree to give them x dollars to move out. Make sure you protect yourself with contingencies such as leaving by a certain date/time, leaving the property clean, etc.!

If they refuse to move out early even with a cash incentive, you'll have to revert back to the eviction option I mentioned at the beginning.

Best of luck!

Eliott Elias · Answer

Depends on what your lease says, you need to find a way to get these tenants out ASAP.

Nathan Grabau · Answer

I would encourage you to let them know that the are welcome to leave and you are happy to let their lease end early at anytime, without advanced notice, the next time they are upset about something.

I would read your lease and see if you have a provision where you can end the lease early, because you might.

While you can let them know you will release them from the lease early if they want, whenever you want to tell them, I would wait until something is happening that they are upset about so they are more likely to move on, so you too can move on with your life.

Bob Stevens · Answer

You (well not you) can evict them now, You do not have to wait till the lease is up AGAIN you need a team there,

Theresa Harris · Answer

Something you use on an as needed basis.

Will Fraser · Answer

Is a "happy clause" something that is literally in your leases or something you introduce on an as-needed basis?

Can you inform a tenant their lease will not be renewed?

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