Notice of Non-Renewal: When a Lease Won’t Be Extended
Question
Answer
Intro: A notice of non-renewal is a written message from a landlord or tenant stating that the current lease will not be extended after its expiration date. It differs from an eviction or a lease break: non-renewal simply ends the contractual relationship at the scheduled end of the term and gives the other party time to plan next steps.
Main details: Whether a notice of non-renewal is required, and how much advance notice must be given, depends on the lease type and state/local law. For month-to-month tenancies most states require written notice (commonly 30 days, though some places require 60 or more), while fixed-term leases generally remain in effect until the end date unless the lease itself includes an early-notice clause. Always check the lease language first and then state law.
Common elements a valid notice should include:
- Property address and tenant name(s).
- Statement that the lease will not be renewed and the lease expiration date.
- Move-out date or the last day of tenancy.
- Delivery method (how and when the notice was delivered) and signature of the sender.
Templates and property-management platforms commonly follow this format to create proof of notice.
Legal limits and protections: Landlords may usually decline to renew a lease for lawful business reasons (e.g., sell the property, change occupancy). However, a landlord cannot refuse renewal for discriminatory reasons protected by the Fair Housing Act or in retaliation for a tenant exercising legal rights (filing habitability complaints, requesting repairs, etc.). Tenants who suspect discrimination or retaliation should document communications and consult a local housing authority or attorney.
Practical steps for tenants and landlords:
- Tenants: Read your lease for notice deadlines, deliver written notice by a verifiable method (certified mail, email if lease allows, or hand delivery with receipt), and document the date received.
- Landlords: Follow state notice requirements, keep copies, and avoid citing prohibited reasons for non-renewal. If you want possession after the lease ends, provide clear written notice rather than informal messages.
Final note: Because notice rules vary widely by state and local ordinances (and some jurisdictions add extra tenant protections), it’s advisable to confirm specific timelines and limits with a licensed local attorney, your state landlord-tenant statute, or a housing agency before acting.