Best Practices Feb07

Best Practices

Many states do not require landlords to specify a reason for lease non-renewals. It is in your best interest, however, to have a well-documented reason for not renewing a resident’s lease. Here’s why. Keep Fair Housing Fair Fair Housing laws forbid non-renewals based upon discrimination or retaliation. You likely know this from your new-hire orientation, but here is a quick review of why it matters now: Discrimination: You cannot treat residents differently based upon their race, ethnicity, family status, ability level, sexual orientation, or any other protect class group. Your resident’s rambunctious kids are not a sound reason for lease non-renewal. Retaliation: You cannot treat residents differently because the residents assert their rights in any capacity. Residents always retain their legal rights. For example, if a resident issues a complaint about your property to a government agency and, subsequently, you opt not to renew the lease, you may face legal action. Thorough documentation prior to a lease non-renewal provides clarity for both landlords and residents. You can minimize claims of discrimination or retaliation when there are time- and date-verified correspondences of your concerns. Documentation Best Practices If peer complaints are your first indicator that a resident is a problem, document the complaints electronically. For example, if a resident calls with a noise complaint about a neighbor, write an email identifying the details of the complaint and send it to yourself. It’s beneficial to send a copy to the resident as well. (Your message does not need to contain the name of the person who issued the complaint.) Primarily, the resident may be unaware of the issue. Your message may stop the problem and prevent the costly turnover. The email also lets the resident know that you are tracking their non-conformity to the lease or...