How To Write A Non-Renewal Lease Letter (With Free Template)
Owning a rental property can be a great way to build wealth. This is particularly true in Florida, where there are many opportunities for short- and long-term rentals. Yet, at the same time, being a landlord comes with its share of headaches - such as complying with Florida law about providing written notice when you don’t want to renew a tenant’s lease.
Generally, landlords must provide notice based on the terms of a lease or, if there isn’t a rental agreement, based on the length of the tenancy. A lease non-renewal letter should contain basic information, such as the property's location, the date the tenant must vacate the unit, and what will happen if they do not vacate. We have included a sample lease non-renewal template that you can adapt for your own rental properties.
At Eaton Realty, we manage properties for landlords throughout the West Central Florida area. Our property management services are comprehensive and include everything from tenant screening to property maintenance, lease non-renewals, and evictions. Reach out to talk to a real estate team member about your property management needs.
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What Is a Lease Non-Renewal Letter?
A lease non-renewal letter is the opposite of a lease renewal letter. You aren’t evicting your tenants but simply choosing not to renew the lease after the term has expired.
There are many reasons why a landlord might choose not to renew a lease, including:
- The owner has decided to sell the property.
- The rental unit will no longer be used as a rental property (it may be used as a personal residence, a home for a family member, or even a vacation home).
- The landlord wants to renovate or do major work on the rental property, and it isn’t practical to do the work when the unit is occupied.
- There is a potential to get a higher rental rate from another tenant. In competitive real estate markets, getting even higher rents with a new tenant and lease may be possible. While there is a risk in not renewing the lease for a “good” tenant, it may be the best option financially if rent has significantly increased in your area since the tenants signed their lease.
- The tenant has caused issues. If a tenant has been late on rent, has violated the lease, if you suspect that they are engaged in illegal activities, or if they have otherwise been problematic, then you may choose not to renew the lease at the end of the rental term rather than go through the legal eviction process.
Importantly, it is illegal under both Florida and federal fair housing laws to discriminate against a current or prospective tenant based on their race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, or disability. Similarly, you cannot illegally retaliate against tenants. You may face significant fines and penalties if you discriminate or retaliate against a tenant.
Under Florida’s landlord-tenant law, a rental agreement with a specific lease term (such as a one-year lease) may contain a provision that requires the tenant or the landlord to provide written notice that the tenant will either be leaving at the end of the lease term or that the landlord won’t be renewing the lease. The lease should define the notice period, but it cannot be less than 30 or more than 60 days for either the landlord or the tenant.
If the tenancy doesn’t have a specific term (such as a month-to-month rental), then a landlord must provide the tenant notice of non-renewal based on the length of the tenancy. A year-to-year lease will require no less than 60 days’ notice, while a quarter-to-quarter tenancy will require no less than 30 days’ notice. For a month-to-month tenancy, the notice should be no less than 15 days, and for a week-to-week tenancy, the notice should be 7 days or longer.
Complying with these laws is important to avoid any legal complications. Tenants have certain rights under Florida law. If you violate these laws - or even the terms of your own lease agreement - then a tenant could file a claim against you. An experienced Hillsborough County property manager can keep track of your rental properties and ensure that you give proper notice if you plan to not renew a tenant’s lease at the expiration of the lease term.
What Should a Lease Non-Renewal Letter Include?
A lease non-renewal letter should contain certain basic information. While Florida law does not specify what this written notice must provide, it should typically include:
- The date
- The tenant or tenants’ name(s)
- The address of the rental property
- A statement that in accordance with the lease, their rental agreement is due to expire on a specific date.
- A statement that the landlord will not be renewing the lease.
- A date and time by which the tenant must vacate the premises.
- A notice that if the tenant fails to vacate the unit by that date, then the landlord may commence eviction proceedings.
- Information about the consequences if the tenant(s) fail to vacate the property. Under Florida law, holdover tenants may be charged double rent for whatever period they remain in the premises after the lease has expired.
- The landlord or authorized agent’s signature
- Contact information for the landlord
If your tenant does not vacate the property on the date, you cannot engage in self-help eviction (such as by changing the locks). You must go through the formal legal process of eviction - even though the tenant is illegally holding over and has no right to possess the rental property. Through eviction proceedings, you can seek double rent for the time they stayed in the apartment after the lease expired.
Free Downloadable Non-Renewal Lease Letter Template
Eaton Realty has managed rental properties across Hillsborough County for over 20 years. In that time, we’ve helped many landlords draft and deliver non-renewal lease letters. We’re giving you the template we use at no cost. Click the button below to download our lease non-renewal template that you can adapt for your own rental properties.
Avoid Headaches & Let Eaton Realty Manage Your Rental
Without a doubt, owning rental properties can be a terrific way to build financial stability and gain equity. In an area of the country where property prices and rents continue to increase, becoming a landlord can help you build quite a nest egg for the future. That said, dealing with tenants can often be a hassle - especially when crossing all of your “t’s” and dotting all of your “i’s” legally.
Eaton Realty is a Tampa property management company that helps investors and landlords throughout Hillsborough County with their rental properties. As a member of the National Association of Residential Property Managers (NARPM), the team at Eaton Realty follows the highest professional standards in property management, including continuing education and access to strategic relationships. We offer a full range of property management services, including preparing your investment property for listing, marketing the property, collecting rent, dealing with maintenance requests, and handling lease non-renewals and evictions.
To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.
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Daniel Rothrock
Director of Property Mgmt., MPM
Daniel is the Director of Property Management at Eaton Realty. He is a Master Property Manager, which is the highest level of recognition you can receive in the field. When he's not covering property management developments and insights on the Eaton blog or managing Eaton's property management team, Daniel can be found serving as the Southeast Regional Vice President/Ambassador for the National Association of Residential Property Managers. You can find Daniel on LinkedIn.
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