Protect Lease Renewal

Aug 6th, 2022
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How to Protect Lease Renewal

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In this episode of the BiggerPockets Daily podcast, Tyler discusses the importance of lease renewals for landlords. Renewing leases with reliable tenants helps alleviate stress and maintains cash flow, which is vital for a profitable property management business. However, in certain situations, it might be more beneficial to find a new tenant instead of renewing with a problematic one. The podcast emphasizes that lease renewals are crucial for successful property management and offers a comprehensive guide to navigate the process smoothly, ensuring a beneficial outcome for both landlords and tenants.

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After the notice of renewal is given, the tenant has 60 days in which to accept. If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings.
Landlords are required to provide notice to tenants if they intend to raise rent more than five percent or if they do not intend to renew the lease. The landlord must provide such notice at least: 30 days in advance of renewal if a tenant has lived in the apartment less than one year and has less than a 12-month lease.
Each Boston landlord lawyer at our firm can assure landlords that they are under no legal obligation to renew leases, and they do not generally have to cite reasons for that action. Still, the law can favor tenants who can prove that certain specific issues were factors in the decision.
Under the 1993 Leasehold Reform Act, an individual flat owner can force their landlord to grant a 90-year lease extension, and a critical mass of leaseholders can come together to buy the freehold of their building.
A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out. (CCP Section 1946.1.)
A landlord cannot refuse a lease renewal simply because they do not like the tenant. They can, however, oppose the renewal for one of the specified grounds laid down in the 1954 Act.
The only way your landlord can deny you a renewal lease is through eviction in Housing Court. Following appropriate notice, a landlord may bring a summary nonpayment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent.
Generally (with a few notable exceptions, below), landlords and tenants do not have to give a reason for choosing not to renew a lease.

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