Navigate the complexities of lease renewal and non-renewal notices with clarity and confidence through this essential guide for landlords and tenants.
Key Takeaways:
- Legal requirements for non-renewal letters and lease renewals.
- Step-by-step templates for landlords and tenants.
- State-specific notice periods for lease non-renewals.
- Answers to frequently asked questions in lease management.
As a lease draws to a close, you – the landlord – and your tenant have a decision to make. Will you renew the lease for another set period, let it roll over to a month-to-month agreement, or part ways entirely?
Each option has its own set of rules, dictated by state laws, about how and when a landlord should give lease renewal or non-renewal notice to the tenant and vice versa. Following these steps to the letter is essential to keep everyone in the loop and stay on the right side of the law.
In this guide, we’ll walk you through important information you need to know about lease renewals and non-renewals. We’ve got you covered, from the notice period required to the right way to communicate with your tenant. Plus, we’ll provide you with customizable lease renewal and non-renewal notice letter templates to make the process smoother. Let’s dive in!
Table Of Contents: Lease Renewal Letters
Knowing the right way to renew or not renew a lease can ensure you are on a solid legal footing when a rental agreement ends.
- Understanding Lease Renewal And Non-Renewal
- What Is The Lease Renewal Notice Period?
- How Much Notice Is Required For Non-Renewal Of A Lease?
- The Basics Of Lease Renewal Notices
- How Do I Communicate With My Tenants Regarding Lease Renewal?
- Lease Renewal Templates For Landlords
- Handling Lease Renewal Negotiations
- FAQs About Lease Renewal Letters
- What is the difference between lease renewal and lease termination?
- How much notice is required to not renew a lease?
- Can a landlord terminate a lease early?
- Can a tenant terminate a lease early?
- What happens if a lease isn’t renewed?
- Are landlords required to provide a reason for not renewing a lease?
- What are a tenant’s rights if a lease is terminated?
- What are the consequences of breaking a lease?
- Is it necessary to have a written notice for lease termination or non-renewal?
- Can a lease automatically renew?
- What Are Other Landlords Saying About Giving Notice When Ending A One-Year Lease?
- Steps To Remember When Sending Lease Renewal Notices
Understanding Lease Renewal And Non-Renewal
Lease renewal refers to the process whereby the landlord and tenant agree to continue the rental agreement beyond its original term. Renewal can happen in a couple of ways:
- Fixed-term renewal: The lease is extended for another set period, often a year, with or without modifications to the original terms.
- Conversion to a month-to-month lease: If the landlord does not send a lease renewal and neither party terminates the lease, it may automatically convert to a month-to-month arrangement, depending on state laws and lease provisions.
Non-renewal of a lease occurs when the landlord or tenant decides not to extend the lease beyond its current term. The landlord may choose not to renew due to different plans for the property (e.g., renovations, selling), issues with the tenant (e.g., late rent payments, lease violations), or other business or personal reasons. The tenant might opt not to renew due to personal reasons, like relocation, finding a more suitable property, or financial changes.
For landlords, a thorough understanding of lease renewal and non-renewal processes is essential to help ensure smooth transitions between tenants, maintain legal compliance, and support their long-term property management goals.
What Is The Lease Renewal Notice Period?
The renewal notice period is the time before the end of the lease, during which the landlord and tenant must inform one another of their intentions for the future of the lease. State laws will indicate how long before the end of the lease that notice must be given, but this requirement should also be clearly stated in your rental agreement.
If you, as the landlord, decide not to renew the lease and send a non-renewal notice to the tenant, you’ll need to give them sufficient notice. You must send a proper letter within the appropriate time to avoid repeating the process and slowing the transition.
If you do not send a lease renewal within the specified notice period, the lease will likely transition to a rolling month-to-month rental agreement by default.
How Much Notice Does a Landlord Have to Give if Not Renewing A Lease?
The notice period a landlord must give for not renewing a lease varies by state law. Generally, it ranges from 30 to 60 days, but specific state regulations should be consulted for accuracy.
The lease document should include how much notice you must give your tenant if you do not intend to renew their lease. The minimum notice you must provide is dictated by state law.
While the law is primarily for landlords, tenants should respect the same period when they advise the landlord they do not want to renew their lease.
Required Lease Renewal Notice Period By State
For yearly leases, the non-renewal notice requirement is typically 60 days before the end of the lease. However, depending on how long your tenant has been in the property and the terms of your rental agreement, you may need to give more or less notice.
Here’s a list of every US state and, at the time of writing, how much notice a landlord has to give if not renewing a lease.
Note to landlords: Before giving notice, check and follow your local laws for non-renewal of yearly leases, as they may differ depending on your specific locality:
Alabama
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days
Source: Alabama Section 35-9A-441
Alaska
Yearly/Fixed-Term Lease: No notice
Month To Month: 30 days
Source: AS 34.03.290
Arizona
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days
Source: A.R.S. § 33-1375(B)
Arkansas
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days
Source: Ark. Code § 18-17-704
California
Yearly/Fixed-Term Lease: If the tenant has lived at the property for a year or more, 60 days’ notice; if the tenant has been there less than a year, the landlord only needs to give 30 days’ notice
Month To Month: 30 days
Source: Cal.Civ.Code § 1946.1
Colorado
Yearly/Fixed-Term Lease: 1 year or longer, 91 days; 6 months to 1 year, 21 days; one week but less than a month, three days
Month To Month: 21 Days
Source: C.R.S.A. § 13-40-107
Connecticut
Yearly/Fixed-Term Lease: No statute; notice according to lease terms
Month To Month: No statute, notice according to lease terms
Delaware
Yearly/Fixed-Term Lease: 60 days
Month To Month: Minimum of 60 days written notice, with the 60-day period beginning on the first day of the month following the day of actual notice
Source: 25 Del.C. § 5106
Florida
Yearly/Fixed-Term Lease: Not less than 60 days
Month To Month: Not less than 30 days
Source: F.S.A. § 83.57(3)
Georgia
Yearly/Fixed-Term Lease: 60 days for the landlord, 30 days for the tenant
Month To Month: No statute
Source: Ga. Code Ann., § 44-7-7
Hawaii
Yearly/Fixed-Term Lease: No statute
Month To Month: 45 days for the landlord; 28 days for the tenant
Source: HRS § 521-71
Idaho
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 Days
Source: IC § 55-208
Illinois
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days
Source: 735 ILCS 5/9-207
Indiana
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 Days
Source: IC 32-31-1-1
Iowa
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days
Source: I.C.A. § 562A.34
Kansas
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 Days
Source: KSA 58-2570
Kentucky
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days
Source: § 383.695
Louisiana
Yearly/Fixed-Term Lease: 30 days
Month To Month: 10 days before the end of the month
Source: C.C. Art. 2728
Maine
Yearly/Fixed-Term Lease: 30 days
Month To Month: 30 days
Source: 14 MRSA § 6002
Maryland
Yearly/Fixed-Term Lease: 90 days
Month To Month: 60 days
Source: MD. Code, Real. Prop. § 8-402
Massachusetts
Yearly/Fixed-Term Lease: No statute
Month To Month: The interval between the days of payment or 30 days, whichever is longer
Source: M.G.L.A. 186 § 12
Michigan
Yearly/Fixed-Term Lease: Any time; the notice shall terminate the lease at the expiration of 1 year from the time of the service of the notice
Month To Month: 1 month
Source: MCLA 554.134
Minnesota
Yearly/Fixed-Term Lease: The minimum notice required is the lesser of the rental period or three (3) months
Month To Month: If there is no provision in the lease stating how much advance notice must be given to end the tenancy, the law provides that written notice must be received by the other party at least one full rental period before the last day of the tenancy
Source: M.S.A. § 504B.135(a)
Mississippi
Yearly/Fixed-Term Lease: At least 30 days before the termination date
Month To Month: 30 days
Source: Miss. Code Ann. § 89-8-19
Missouri
Yearly/Fixed-Term Lease: No statute
Month To Month: 1 month
Source: VAMS 441.060
Montana
Yearly/Fixed-Term Lease: No statute
Month To Month: at least 30 days before the date designated in the notice for the termination of the tenancy
Source: § 70-24-441
Nebraska
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days before the periodic rental date specified in the notice
Source: Neb.Rev.St. § 76-1437
Nevada
Yearly/Fixed-Term Lease: 30 days
Month To Month: 30 days
Source: NRS 40.251
New Hampshire
Yearly/Fixed-Term Lease: 30 Days
Month To Month: 30 Days
Source: NH Rev. Stat. § 540:3
New Jersey
Yearly/Fixed-Term Lease: One full month before the end of the lease
Month To Month: Written One-month notice
Source: NJSA 2A:18-56
New Mexico
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days
Source: N. M. S. A., § 47-8-37
New York
Yearly/Fixed-Term Lease: 60 days
Month To Month: 30 days
Source: HSTPA 2019
North Carolina
Yearly/Fixed-Term Lease: One month
Month To Month: Seven days
Source: N.C.G.S.A. § 42-14
North Dakota
Yearly/Fixed-Term Lease: No statute
Month To Month: One month
Source: NDCC, 47-16-15
Ohio
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days
Ohio Revised Code, Section 5321.17
Oklahoma
Yearly/Fixed-Term Lease: No notice required
Month To Month: At least 30 days before the date upon which the termination is to become effective
Source: 41 Okl. St. Ann. § 111
Oregon
Yearly/Fixed-Term Lease: No statute
Month To Month: Not less than 30 days before the date designated in the notice for the termination of the tenancy
Source: O.R.S. § 90.427
Pennsylvania
Yearly/Fixed-Term Lease: 30 days
Month To Month: 15 days
Source: 68 PS § 250.501
Rhode Island
Yearly/Fixed-Term Lease: 3 months
Month To Month: 30 days
Source: Gen.Laws 1956, § 34-18-37(b)
South Carolina
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days
Source: Code 1976 § 27-40-770
South Dakota
Yearly/Fixed-Term Lease: No statute
Month To Month: One month
Source: SDCL § 43-32-15
Tennessee
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days
Source: T. C. A. § 66-28-512
Texas
Yearly/Fixed-Term Lease: At least 30 days before the end of a fixed-term lease unless otherwise stated in the lease agreement
Month To Month: At least 30 days before the date the landlord intends to terminate the current term of the lease
Source: V.T.C.A., Property Code § 91.001
Utah
Yearly/Fixed-Term Lease: No notice required
Month To Month: 15 days
Source: Utah Code Title 57
Vermont
Yearly/Fixed-Term Lease: No statute
Month To Month: 60 days if the tenant has been on the premises for two years or less, or 90 days if the tenant has been residing for more than two years on the property
Source: 9 V.S.A. § 4467(c)(1)
Virginia
Yearly/Fixed-Term Lease: 90 Days
Month To Month: At least 30 days before the following rent due date, unless the rental agreement provides for a different notice period
Source: VA Code Ann. § 55.1-1253(A)
Washington
Yearly/Fixed-Term Lease: 60 days
Month To Month: At least 20 days
Source: RCWA 59.18.650
Washington DC.
Yearly/Fixed-Term Lease: No statute
Month To Month: 30 days
Source: § 42–3505.54(a)
West Virginia
Yearly/Fixed-Term Lease: 3 months
Month To Month: 30 days
Source: West VA Code Chapter 37
Wisconsin
Yearly/Fixed-Term Lease: At least 28 days
Month To Month: At least 28 days
Source: W.S.A. 704.19(3)
Wyoming
Yearly/Fixed-Term Lease: No statute
Month To Month: No statute
Double-check your state laws by visiting the state’s website.
The Basics Of Lease Renewal Notices
Samples of lease renewal and non-renewal notices are provided at the end of this article, but let’s look at what needs to be included in all lease renewal notices.
What To Include In A Lease Renewal Letter:
- Date the letter is sent
- Property address and tenant names
- Whether or not the lease will be renewed
- How to contact the landlord or property manager with questions
Based on whether or not the lease will be renewed, some additional information should be given to the tenant at this time:
- Confirm when the tenant must leave if the lease is not renewed.
- If a new lease will be signed, confirm the terms of the updated lease and set up a meeting to discuss and sign the new lease.
- If the lease will be allowed to expire and convert to a month-to-month rental agreement, explain what that means to the tenant.
The exact information that needs to be shared with the tenant depends on your intentions regarding the lease.
For more information on how to write a lease non-renewal letter, check out this video:
How Do I Communicate With My Tenants Regarding Lease Renewal?
There are specific steps a landlord must take to confirm new lease conditions with a tenant or to notify the tenants of the non-renewal.
Landlords should communicate with tenants officially by mail. We suggest using certified mail to ensure you have evidence of when the lease renewal letter was sent and received.
Typically, the landlord does not need to justify their decision, even if they do not wish to renew the lease. When the lease ends, they can advise the tenant that they no longer want to rent the property. The tenant also does not need to provide a reason for not renewing the lease, though they may choose to do so.
However, some states, such as California, require landlords to have just cause for their decision not to renew a lease. This means that lease non-renewal can only happen in certain circumstances. These include any violation of the lease agreement, the landlord wishing to move into the property themselves, a planned major renovation, or the sale of the property. These types of restrictions help to protect tenants from having their lease terminated based on discrimination.
When a landlord chooses not to renew a lease, you should provide the tenant with clear information about when they’ll need to move out and how to manage logistics, such as a final inspection and return of the security deposit. The landlord can proceed with eviction if the tenant does not move out within the agreed period.
Suppose you do nothing to renew the lease for a fixed period under new terms and conditions or terminate the lease. If a landlord does not send a lease renewal notice, the lease will automatically transition to a month-to-month tenancy under the same conditions as the original lease.
Lease Renewal Templates For Landlords
This section includes templates for lease renewal and non-renewal letters. You can use these templates to communicate with your tenants about lease renewal, and there is also an example letter your tenants can use. Adapt each template to fit your particular situation as needed.
Landlord Lease Non-Renewal Letter To Tenants
Here’s a sample notice you can provide your tenant if you do not plan to renew the lease and expect the tenant to move out by the end of the current tenancy period.
(Landlord Name)
(Your address)
(Date)
Dear (Tenant’s name),
This letter is to inform you that I do not intend to renew your lease. As per the laws of the State of (insert state), this is your (insert number of days) days notice of non-renewal.
As of (insert the date, one day after their lease expires), all possessions should be removed from the premises and keys returned to the landlord.
I can be reached at (phone number and address) if you have any questions between now and the end of your lease on (insert lease end date).
Sincerely,
(Landlord/Property Manager’s Name)
Tenant Non-Renewal Letter To Landlord
Here’s a sample notice your tenants can provide to inform you that they will not renew your lease.
(Tenant Name)
(Tenant address)
(Date)
Dear (Landlord’s name),
This letter is to inform you that I do not intend to renew my lease. As per the laws of the State of (insert state), this is my (insert number of days) days notice of non-renewal stating that I will be leaving my apartment on (date), which is the end of my current lease.
I expect my security deposit of ($__) will be returned in full as the apartment will be left in broom-swept condition.
I can be reached at (phone number and address) if you have any questions between now and the end of my lease on (insert lease end date).
Sincerely,
(Tenant’s Name)
Landlord Lease Renewal Letter To Tenant
You can use the following notice sample to let your tenant know you want to sign a new lease with them and the renewal term.
(Your Name)
(Your address)
(Date notice is being sent)
Dear (Tenant’s name),
This letter is your official notice that your current lease expires on (lease expiration date). You have been a great tenant, and we would like to enter into a new lease of (insert lease length).
Attached to this notice, you will find a copy of the new lease for your records. All of the original terms of the lease remain the same except for (insert any changes such as dates or rent amount).
Your security deposit (and any other deposits, such as pet deposits) will remain intact and carry over into the new lease term.
If you decide to renew the lease, please call us at (insert phone number) so we can go over and sign the new lease together. This must be done by (insert date of your choice before the end of the current lease).
If you decide to move on from this apartment, please give us an (insert number of days based on your state’s law) day notice of non-renewal.
Sincerely,
(Landlord signature)
(Landlord printed name)
For those who wish to avoid copying, pasting, and customizing the above, landlords can also download our lease renewal letter pdf here to customize for your rental property.
Handling Lease Renewal Negotiations
Lease renewal negotiations are crucial to property management. They allow landlords to reassess the lease terms, adjust rent, and discuss tenant concerns or requests. Effective negotiation helps maintain a positive landlord-tenant relationship and can lead to a more profitable and smoothly running rental business.
Consider the following when preparing for lease renewal negotiations:
- Review of Current Lease Terms: Thoroughly review the existing lease before entering negotiations. Understand all terms, including rent, lease duration, and any clauses impacting the renewal.
- Market Analysis: Research current market conditions. Understand local rental rates, tenant demands, and any changes in housing laws that could affect your property.
- Tenant Evaluation: Consider the tenant’s payment history, care of the property, and overall reliability. A good tenant might be worth keeping, even if it means less aggressive rent increases or accommodating certain requests.
- Open Communication: Initiate the conversation well before the lease ends, allowing ample time for discussion and decision-making.
- Rent Adjustments: If you plan to increase rent, explain the reason(s) clearly, such as increased property taxes or maintenance costs. Be prepared to negotiate and understand the tenant’s perspective.
- Lease Term Flexibility: Some tenants prefer a longer or shorter lease term than the previous commitment. Discuss options and find a mutually agreeable solution.
- Tenant Requests: Tenants may request repairs, upgrades, or changes in lease terms. Listen to their concerns and consider if accommodating these requests could lead to a more prolonged and stable tenancy.
- Documentation of Changes: Document any agreed-upon changes in a new lease or a lease amendment to avoid future misunderstandings and legal issues.
- Legal Compliance: Ensure that any changes to the lease comply with local and state laws.
Lease renewal negotiations are an essential part of managing rental property. They require good communication, an understanding of market conditions, legal knowledge, and a fair approach to tenant relations.
FAQs About Lease Renewal Letters
Landlords everywhere always have questions on how to write a letter about not renewing a lease. Below are some of the most commonly asked questions about lease renewals.
What Is The Difference Between Lease Renewal And Lease Termination?
Lease renewal is when both the landlord and tenant agree to extend the lease for another term after the original lease period ends. This can be for the same duration as the original lease or a different term.
Lease termination refers to ending the lease agreement. It can occur at the end of the current lease term if either party chooses not to renew or during the lease term if either party breaks the lease terms or mutually agrees to end it early.
How Much Notice Is Required To Not Renew A Lease?
The notice period varies by state but typically ranges from 30 to 60 days before the current lease ends. For month-to-month rentals, most states require a 30-day notice.
Can A Landlord Terminate A Lease Early?
Yes, a landlord can terminate a lease early if the tenant violates the lease terms (like non-payment of rent, causing significant damage, or engaging in illegal activities). State laws govern the process, including notice and eviction proceedings.
Can A Tenant Terminate A Lease Early?
Tenants can request early termination, but they might face penalties unless they have legal grounds like uninhabitable living conditions, active military duty, or provisions in the lease allowing for early termination.
What Happens If A Lease Isn’t Renewed?
If a lease isn’t renewed, it typically converts to a month-to-month tenancy unless either party gives notice to vacate. However, this can vary based on the lease terms and local laws.
Are Landlords Required To Provide A Reason For Not Renewing A Lease?
In most cases, landlords do not need to explain why they are not renewing a lease unless specified in local law, particularly in rent-controlled areas.
What Are A Tenant’s Rights If A Lease Is Terminated?
Tenants have the right to receive proper notice as dictated by state law. They also have the right to live in habitable conditions and not be discriminated against in termination practices.
What Are The Consequences Of Breaking A Lease?
Tenants who break a lease might lose their security deposit, be liable for the remaining rent, or face legal action. However, landlords are typically required to mitigate damages by attempting to re-rent the property.
Is It Necessary To Have A Written Notice For Lease Termination Or Non-Renewal?
Yes, written notice is generally required to terminate or not renew a lease to ensure a clear record of communication.
Can A Lease Automatically Renew?
Some leases have automatic renewal clauses, which means they renew for a specified term unless either party gives notice. It’s important to read the lease carefully to understand the renewal terms.
What Are Other Landlords Saying About Giving Notice When Ending A One-Year Lease?
Every landlord needs to protect themselves and their rental business. There are many real-life examples of how landlords deal with ending lease agreements in the RentPrep Facebook group.
See what other landlords say about renewing long leases by checking out our private Facebook group for landlords.
Steps To Remember When Sending Lease Renewal Notices
When a current lease ends, it’s up to both the tenant and the landlord whether they want to renew or end the agreement. However, following the proper steps to keep everyone informed and ensure you’re following local laws is essential.
While local laws differ, it’s essential to remember to:
- Send out a non-renewal letter with enough time for the tenant to vacate the property. This usually means a minimum of 60 days.
- Send out a renewal notice with the details of the new lease with enough time for both parties to sign the new lease before the old one expires.
- Send out information about any month-to-month tenancy requirements on time.
Clear communication and giving your tenant enough time to respond are vital to remember when changing conditions at the end of a lease.
Note: RentPrep does not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. You should consult your own tax, legal, or accounting advisors.