Tenant does not want to renewal 1 year lease, requesting month

[Liz C.]

Hi all, I have a tenant who I have been providing about $200 credit every month for her to stay and now her lease is due. I give her market rent if $1600 to renewal. She told me she is happy to pay that with month to month lease.

Can I tell her if she does month to month rent will be $1700?

Personally I don’t really like her that much, I have to reminder her for rent on due date every month she is always one or two days late on rent. And she is only tenant who asked me for credit due to covid and I provide and now with lease renewal she want just month to month . Seems like she want everything on her way.

What’s best way to response to her if I want to tell her is $1700 per month for month to month or can I just tell her I am not giving her month to month but 60 days to move out ? What’s the best approach to not make things worse. With not eviction law I want to be careful with her.

Thanks

[Patricia Steiner]

@Liz C.

The landlord always signs the lease after the tenant does.  Always.  Because until you sign it, it's not accepted and it's not a binding contract.  So as long as you haven't signed any lease with her, you are under no obligation to renew.

As for a polite text/email message, maybe something like this would be more comfortable for you:

"Thank you for letting me know that you will not be signing a 12-month lease. As this rental is only available with an annual lease, please let this serve as my 30-day notice of non-renewal.  Please let me know when you will be available for the final walk-through of the property on or before (date) so your security deposit reimbursement can be processed." - Done. No apology. No maybe's. You're simply acknowledging and honoring her decision.

And, just a couple of things I want you to remember:

1.  You are not only being polite - but respectful - by telling her no.  By giving her a direct and concise response, she has time to find a new place and ensure she returns yours in good order.  Hedging or accepting something you don't want to do is not in her best interest or yours.  You'll resent her being a pain and, if you think she pays late now, just wait until the rent is increased.  

2.  We teach people how to treat us.  She hasn't treated you well.  Not paying on time is a power play. Telling you that she will only go month-to-month is too.  Some people see those who are "nice," as weak.  Choose not be be "nice."  Kindness is more intellectually honest and is a solid business standard.  Being kind means telling the truth, being respectful, more.

3.  And, consider this:  you've made a business decision on the rent and lease term.  It's not personal, it's business.  It's not emotional.  Do not allow anyone to make it something it isn't.  You've made the bigger investment here and you need to protect it.

4.  Do it right now. The second you do it, the pain will end.  If she gets angry, that's her choice. Don't engage in it.  It's not an emotional issue and she doesn't get to bully/control you.  

So let's practice:  Lesson #1 - BE KIND TO YOURSELF.  Lesson #2 - RUN YOUR BUSINESS.  Lesson #3 - TREAT YOURSELF WITH RESPECT AND EXPECT OTHERS TO TREAT YOU WITH RESPECT.  And, more of us have "been here, suffer through this, and emerged stronger for it" that there's not doubt that:

You've got this...