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Non-renewal Notice - Landlord Forum thread 259252

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Non-renewal Notice by Anonymous (MA) on June 29, 2012 @23:11

I posted a couple of weeks ago about my lawyer sending out a non-renewal letter to my tenants. Usually I don't use a lawyer for non-renewals but had to because of a lease violation a couple of months ago. Communication between me and the tenants are in writing only.

In MA you need to give 60 day notice to either renew or non-renew. However, in my lease I have 90 days. Lease ends August 31st. Either I or the tenant needs to notify each other between June 1st - June 30th. My lawyer sent out the letter via certified mail to be delivered on June 1st. Tenants never picked up the letter. A final notice was sent by the post office to pick up the letter by June 23rd. They still they didn't pick it up. Today the head PITA tenant called and left a message. She said "the lease is coming to an end and wanted to discuss a few things".

My question is for all the other LL's. Even though the non-renewal letter was sent and they didn't pick it up, do I need to tell them verbally their lease will not be renewed? I have told them on many occasions to put things in writing and they don't. I always do to cover my butt. I gave proper notice and feel that I don't have to say anything else except to talk about a move out check list. But a part of me feels that I am going to have trouble with them and will be in court to regain possession.

I am not a new LL but I am new to this kind of tenant problem.

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Re: Non-renewal Notice by Jack Klein (NY) on June 29, 2012 @23:51 [ Reply ]
I send termination notices certified and regular mail. Sometimes if I think a tenant will play games and act like he didn't get it, I'll serve it in person.
Re: Non-renewal Notice by Anonymous on June 30, 2012 @01:01 [ Reply ]

Did you also "nail" the notice to the outside of all doors on the unit, and take a photo with the newspaper's headlines plainly in sight?

I'd avoid this PITA tenant and refer them to my attorney. If your communication has been in writing only, why would you want to engage in a conversation with said PITA?
Re: Non-renewal Notice by Katiekate (New York) on June 30, 2012 @11:09 [ Reply ]
Yes, to be sure, you need to nail a letter to the door too.

I send a letter (regular post) that discusses the move out and what the tenant needs to be sure to do (trash to the curb on the pick up day only, clean appliances, etc). I also outline the time line for their move and when the State law requires me to send the settlement statement and refund. I also outline the need for them to vacate on time...consequences of eviction if they are still there on the day after move out..etc.

Now the real purpose of that letter is to drive home the knowledge that they ARE moving. You could refer to the notice that was sent certified mail.

Don't talk to them. Do not get involved in anything verbal with them.

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