Topic: We have a tenant on our property that we want to non renew. Has anyone had to do this?

We have a tenant on our property that we want to non renew at the end of their term. They don’t follow our company policies and constantly start altercations with staff, tenants and our vendors. They are just very disrespectful and ugly to everyone they are in contact with. We are in TX. Has anyone had to do this and what documentation do you have to provide to the tenant as back up? Or do you have to?

We just provide a very standard non renewal notice drafted by our legal department. We don't have to give a reason. We just say the owner wants the unit back.

Our state is pretty rigid about this and we must provide documentation if anyone ever disputes it - and many do. We always keep letters in files of any incident - even the smallest complaint - against the resident because we often have to justify our choice not to renew.

We just give them a standard no renewal with no explanation needed the same way they don’t have to give you one. If they do call and ask why, I say it’s just best to part ways.

Give them the 30 day non-renewal You don’t have to give reason, in most states.

Look in Blue Moon. TAA provides a notice of non-renewal.
You must give in the time frame that you give the renewals.

The nonrenewal notice Hass to be for the same period of time that you require their written notice for. That means I only have to require a 30 day written notice to them on the non-renewal. Many of you require a 60 day move out notice, and that’s the same amount of notice do you have to give them.

Not familiar with TX but in AZ no explanation is needed. Just as a resident had the ability to give notice without telling why they are moving, we don’t either. Only issue is that if they do file a suit for discrimination you have to prove in court a reasonable reason for the termination. If you’ve served them 10-days or violations you should have enough.

If they're that confrontational, an early NTV might be better.

Exactly. I coached my team to repeat the mantra, “we are requesting our apt. back” or words to this effect. It’s the response to “why are you asking me to leave?” In CA it’s not required to give a reason and I think it’s best to not give a reason. It makes it cleaner. The several times I used it, it was effective.
P.S. If challenged on FH basis, I ALWAYS had reasons to support. It was NEVER a personal decision.

My answer always, when they call and ask why is:
“It is the owners decision to non renew at this time”

We have to go to a supervisor before doing a non renewal. My understanding has always been that non renewal could trigger fair housing suit if it appears that you'll renew some but not others for no apparent legit reason. This would be similar to not approving an applicant for no apparent legit reason

You send a Notice to Vacate according to the terms of your lease.

you just send a non renewal and never give a reason. just tell them management is simply exercising their right not to renew the lease just as they can .
if you start giving reasons, those are sometimes the basis for fair housing complaints

If you are HUD you may have a problem but with most you have to have documents with date (sometimes the time) and the complete violation with the notice that you gave to the resident

The lease states either party can non renew. No explanation!

Have you sent lease violations? a judge will probably want to see lease violations

I would have your attorney draft a letter and advise that you are exercising your option to not renew their lease. My understanding is that you do lot have to give any reason.

No documentation needed to non-renew. Form is online in Blue Moon.

In future, you might consider use the built in language in TAA lease that forbids abusive misconduct as you described. It’s right up front, and also says noncompliance with community rules is grounds for NTV/eviction. I’ve found that judges don’t have much patience with abusive people.

Here is the beauty of Texas. You don’t have to give them a reason. So you give them their non renewal. When they don’t move you give them a notice to vacate for holdover.

I am in Houston. Just give them day notice of non renewal based on your lease 30 or 60. I always mail it, certify and post on the door. If they ask why I explain that we are exercising our right to non renew them. Do not give them a reason.

Start with lease violations, 4 violations issue the non renewal. If they don't leave, you have grounds to evict for breach of contract and breach of community policies. Continue with violations as needed. The more you have the better chance you have to be granted possession.

I would give them a 60 day non-renewal. You can find the form on the TAA website.

Same as when you fire an employee in a right-to-work state. You just say, it's not working out. If you give any reasons at all it's trouble

Landlords have the right to enforce rule and regulations....don't be that person who doesn't

You don’t have to give a reason to non renew if you use the TAA lease. I’ve done it more than once. Just be sure to give them the proper notice as required on page one of the lease.

“Just as you have the right to give us notice to vacate at the end of your lease term, we have the same right. “

Our attorneys advise that while we don’t have to give a reason we better have one...especially for a protected class. We ensure we have legal notices to cure in the file and keep good documentation.

Send a letter of non renewal (your attorney should be able to send a template that complies with TX law, and let you know how much in advance it should be sent)... in Indiana, for instance, we have to let them know at least 30 days in advance (we typically give at least 60) and we are encouraged not to give a reason.

We have a simple clause in every lease that says that either party can terminate the lease by giving written notice of termination, without stating a reason, at least 60 days before the lease term ends.

This then can legally be appicable to the hoarders, poor housekeepers, beligerant residents and/or their guests, or for almost any uncorrected or repeat violations.

Documentaion (day, date, time, other residents written complaints etc) and pictures are essential tools