Is Non Renewal of Lease the Same as Eviction?

By: ROS Team

Whether you are a tenant looking for a new place or a landlord aiming to upgrade your property, it is important to understand the difference between non-renewal of lease and eviction. At first, both these terns look similar. But in reality, they are different in entirety from process to their impact.

What is Non Renewal of Lease?

Non-renewal of a lease occurs when the lease agreement between a landlord and tenant reaches its natural expiration date, and the parties involved decide not to extend or renew the contract for another term. This decision may stem from various reasons, including:

Landlord’s plans for the property
Changes in rental market conditions
Tenant’s desire to move elsewhere

When a landlord opts not to continue renting to a tenant beyond the current lease term, they are not obligated to provide a specific reason, provided all applicable rental laws and lease terms are followed.

Commonly, property owners must provide tenants advance notice, usually between 30 to 90 days, communicating their decision against renewing the lease.

For tenants, a non-renewal of lease means they must vacate the premises by the end of the lease term specified in the notice. It does not necessarily imply wrongdoing on the part of the tenant and may reflect the landlord’s decision to pursue other options with the property.

How to Fight Non Renewal of Lease?

You cannot renew a lease in most of the states where the landlord’s consent isn’t there. Many leases are required to have the tenant and the landlord in mutual agreement upon any renewal. If you have been a problematic tenant before, your chances are slim. If rents in your area have gone up, you might offer higher rent.

Nevertheless, it’s the landlord who finally takes the decision. Keep in mind that landlords are the owners of the property, not tenants.

The best thing you can do is to inquire from the landlord what you can do to extend the lease. If the landlord’s goal is to sell the property, then there is nothing much you can do. In such a situation, you have to start the search for a new rental as soon as possible.

What is Eviction?

Being removed from a rental property before the lease ends is called an eviction. Landlords usually pursue this legal course of action because tenants fail to comply with what was agreed upon. The most common causes of eviction include:

Non-payment of rent
Damaging the property
Violations of lease agreements
Involved in criminal activity
Involved in domestic violence
Subletting without permission

Unlike non-renewal, eviction requires the landlord to follow specific legal procedures established by local laws. This often involves providing the tenant with a formal eviction notice, followed by a court proceeding if the tenant fails to remedy the violation or vacate the property voluntarily.

Only a court order can compel a tenant to leave the premises, and law enforcement officials may enforce the eviction if necessary.

Lease Non Renewal vs. Eviction: Key Differences

Non Renewal of Lease the Same as Eviction — Photo Credit: Canva

Voluntary vs. Involuntary

Non-renewal of the lease is typically a voluntary decision by either the landlord or the tenant, whereas eviction is an involuntary process initiated by the landlord due to tenant misconduct or lease violations.

Notice Requirements

Non-renewal of lease usually demands the landlord provide tenants with early warning, as established by local laws or the lease agreement. Eviction notifications also must follow legal requirements, laying out the reasons for removal and the steps tenants need to take to prevent eviction.

Legal Process

Non-renewal of the lease is generally simpler than an eviction. For non-renewal of lease, landlords need only provide written notice in accordance with state law. However, for eviction, Landlords must file a complaint with the local court and present their case at a hearing.

Other Differences

Timing: Non-renewal occurs at the lease end, while eviction happens mid-term.
Reason: Non-renewal can be for any reason, while eviction requires a lease violation.
Process: Non-renewal involves simple notice, while eviction follows a legal procedure.
Rights: Tenants have limited rights in non-renewal, but more defenses in eviction.
Impact: Non-renewal allows for planning, while eviction causes significant disruption.

Does a Lease Violation Mean Eviction?

Not always. A lease violation is a broken rule in the lease agreement, while the removal of a tenant is eviction. Serious breaches like failing to pay rent may cause eviction, but most can be sorted by the tenant perhaps with a warning or fine. Don’t forget that laws differ locally, so check them or get legal counsel if uncertain about the effect of a particular breach.

Is a Notice to Vacate the Same as an Eviction?

No, it isn’t. A notice to vacate is a legal document from a landlord to a tenant stating that they have canceled the rental agreement and want the tenant to vacate the apartment by a certain date.

On the other hand, eviction means the legal mechanism to physically remove a tenant from a property, whether or not the rental agreement has expired.

Can a Landlord Increase Rent as a Reason for Non-renewal?

In most cases, a landlord cannot directly use a desired rent increase as the reason for non-renewal. While they can choose not to renew for any reason (unless discriminatory), this reason needs to be genuine and separate from the desire for higher rent. However, some exceptions exist depending on local laws.

For instance, they might be able to state “market rate adjustments” as the reason, provided they offer a new lease with the increased rent and comply with legal notice requirements.

When Is It Appropriate for a Landlord to Give a Tenant a Non-Renewal Notice Instead of an Eviction Notice?

Non-renewal is appropriate when the tenancy needs to end but no lease violations have occurred. This can be for various reasons, including the landlord’s personal use, planned renovations, rent increase, or simply wanting a different tenant.

As long as proper notice is given following local laws and the reason isn’t discriminatory, non-renewal allows a peaceful transition for both parties compared to the disruptive and potentially damaging legal process of eviction.

Can a Landlord Terminate a Lease Early for Reasons Not Stated in the Lease Agreement?

In general, landlords cannot terminate a lease early for reasons not stated in the agreement unless

a) the tenant violates the lease or the law,
b) the property becomes uninhabitable, or
c) local landlord-tenant laws grant specific early termination rights under certain conditions.

Even then, specific procedures and proper notice periods must be followed to avoid legal repercussions.

So, Is Non Renewal of Lease the Same as Eviction?

No, non-renewal of lease and eviction are separate, though both conclude a rental agreement. Not renewing a lease simply indicates the landlord opts against continuing the lease once it finishes, whereas an eviction is a legal procedure to make a tenant leave for breaking the lease prematurely. Not renewing requires informing the tenant in advance, while evicting involves court hearings and possible negative effects for renters.