Could landlords not renew leases during Covid-19?

Question

I have a tenant who has been living in one of our SFR properties since 1/2013. She used to be a section 8 tenant, but lost section 8 status at the end of last year because her son is over 18 years old. Also at the end of last year, she signed a six-month lease because at that time she was thinking about buying a home. I don't really like this tenant because we have to remind her of paying rent frequently even though eventually she paid all her rent. But for the last several months, she was only be able to pay her rent partially due to Covid-19 and I have told her that is OK as long as she will pay back later.

Her lease will end on 6/30. It is very likely she wants to renew the lease. But I don't want to renew. Instead I plan to forgo her rent owed and keep her security deposit, which is still less than the rent owed. Do you think landlords must renew leases during Covid-19? We just had a SFR rented out very quickly. So I don't think finding new tenants is an issue.

Her lease will end on 6/30. It is very likely she wants to renew the lease. But I don't want to renew. Instead I plan to forgo her rent owed and keep her security deposit, which is still less than the rent owed. Do you think landlords must renew leases during Covid-19? We just had a SFR rented out very quickly. So I don't think finding new tenants is an issue.

Jonathan G. · Answer

@Jane Z.

Do not assume you are going to have to evict.  I agree that you simply need to reply to the message acknowledging that you received her response and simply re-stating that you are not renewing.  You do not have to provide any reasoning and do not get into a back and forth discussion(s).

I would say something like this:

Thank you for your prompt reply however, I am sorry but we are not offering renewal at this time . This email serves as an official 30 day notice of non-renewal.

Refer to the GA publication below for many other details regarding Georgia landlord- tenant laws and end of lease expectations

http://www.consumer.ga.gov/uploads/pdf/GA_Landlord_Tenant_Handbook_2017.pdf

Joe Splitrock · Answer

@Jane Z. you got good advice from @Bill Brandt but I just wanted to add a couple comments. I would reply to her request for a year lease and let her know you are not able to renew or offer any lease options and she needs to move out of the property by 6/30/20. At that point there is not much you can do until 6/30/20 approaches. You can follow up to setup a walk through for her move out, but you can't evict until she has overs stayed the termination date. Have an attorney ready to serve paperwork.

Bill B. · Answer

As long as any local eviction bans have expired I don’t see a problem with that plan. If there is still an eviction ban I would convert to a month to month lease so you can evict when it expires. You could even have the rent rise after that date. No reason in getting the tenant to stop paying rent while you can’t kick them out.

Bill B. · Answer

Yes. And you should spend any amount under $1,000 to have a pro do this for you.  Somebody that does it every day of the week. You won’t screw up the process, you won’t make it personal, the judge has seen this eviction person 100 times. Etc etc.

Chris Best · Answer

Thanks for this information. Have you sent the 15 day notice in California to a tenant?

Kyle J. · Answer

Regardless of Covid-19, since this property is in California and the tenants have resided there over 12 months, you won’t be able to just “not renew their lease” as they will likely fall under the protections of the new AB1482 law that went into effect earlier this year.

You will either need “just cause” to evict them, or to use one of the few “no fault” reasons, or fall under one of the narrow exceptions to the law.

See this link for more info: https://a17.asmdc.org/issue/ab-1482-frequently-asked-questions

Chris Best · Answer

I have a home I rent  in Culver City California. Their 2 year lease ends October 31, 2020. Can I not renew their lease if they want to stay? Is my only option to go to month to month? What are  my options during Covid-19 in California?

Jane Z. · Answer

She is not a section 8 tenant any more and I don't receive any money from government agencies. So I think the property should not be covered by the CARES act. Furthermore, she will not be evicted because of no payment, but because we don't want to renew the lease. I think landlords have a right not to renew the lease.

Dick Rosen · Answer

you don't have to renew but if the property is covered by the CARES act you can't make them leave until July. And then you may have local limits after

Jane Z. · Answer

Thank you so much for the information. This is exactly my reply to the tenant. But instead of hearing back her response about the lease, I got her repair request. To avoid any conflict, I plan to answer her repair request from now on until 6/30.

Could landlords not renew leases during Covid-19?

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