Question for LL's Re: Terminating Tenancy

[Lynn63]

What is the name of your state (only U.S. law)? TX

We've recently sent 30 day notice to tenants that we would not be continuing their tenancy on a month to month basis. (Due to several reasons...perpetually late rent, hot checks, unauthorized (drug user) occupants, ect.). We didn't state these explanations in the notice...just the fact it would be ending. We received an email this morning demanding to know "why". Should we respond to this in email, call, or is it best to not elaborate? We've instructed them to please call once they've vacated at the end of the month so a property inspection could be conducted and their deposit processed to them, so even then, there will be the demands of "why". We've never had to terminate a tenancy before, so not sure on the "should & shouldn'ts". Thank you.

 

[Gail in Georgia]

Terminating a tenancy at will (i.e., month to month tenancy) by either the tenant or the landlord does not require that the reason for termination be provided.

In a month to month tenancy, the "lease" begins the first day of each month and "terminates" the last day of the same month, only to repeat UNLESS either party provides adequate notice (typically 30 days, although this can vary from state to state) written notice that they choose not to renew this type of lease.

You are under no legal obligation to provide your tenants with the reason you are terminating this tenancy, only that you must provide them adequate written notice of the same.

It is often better NOT to respond to such a demand from your tenants over concern that they are looking for legal issues to charge you with discrimination for terminating this tenancy.

Gail

 

[Lynn63]

Thank you Gail. In the email, she referred to it as an "eviction". It's not an eviction...their 1 year lease has expired (today) and we simply do not want to deal with them. She was asking for us to extend the time until June when school lets out. I hate it for them...it's a pain to move and we've all been there...but their actions (and lack of) has brought this on. So even at the end of the month when they call for us to inspect the home and we're hit with questions, we just need to be a broken record saying "we've simply decided to end this tenancy"? We have relatives that live in the area that they've befriended and they'll want to know "why" as well. Do we need to not answer them as well? If nothing but the truth is told to them (hot checks), is that harmful to us? We wouldn't want family to be upset at us thinking we're just being "mean".

 

[divona2000]

...We've recently sent 30 day notice to tenants that we would not be continuing their tenancy on a month to month basis...

...their 1 year lease has expired (today)...

So they were not on a mtm already. Did the 1 yr lease specifically address how the lease could be ended? Did it have a roll-over clause?

 

[CreativeBlock]

If nothing but the truth is told to them (hot checks), is that harmful to us? We wouldn't want family to be upset at us thinking we're just being "mean".

My deepest apologies. I was unaware that this was against the law. Please disregard!

 

[Gail in Georgia]

My mistake; I assuming they were already on a month to month tenancy.

Does the lease provide any information regarding it rolling it over to either another year lease or a month to month tenancy unless a certain amount of notice is provided?

And for heavens sake, do NOT tell them that you will not rent to them because there are children involved and that you prefer only single tenants.

http://www.hud.gov/offices/fheo/FHLaws/

Gail

P.S. And your relatives had absolutely no reason to know why you are terminating this lease either. Keep your mouth shut to them or face the possible issue that your tenants wish to sue you for spreading their personal business around.

 

[divona2000]

...If the tenants in question are a family (meaning, with children), you could always say that you'd prefer older, "single" tenants...

Telling already irate tenants that from now on you are going to discriminate against families? Ouch.

 

[DeenaCA]

If the tenants in question are a family (meaning, with children), you could always say that you'd prefer older, "single" tenants.

As noted, it is a violation of the federal Fair Housing Act to make statements indicating a preference for tenants without children. Simply making such a statement is unlawful, even in the absence of any other adverse action (see 42 U.S. Code 3604(c) at http://www.law.cornell.edu/uscode/42/3604.html).

Here are some charges that HUD filed last year for violations of the FHA (scroll down to "Familial Status"): http://www.hud.gov/offices/fheo/enforcement/2010hudcharges.cfm.

 

[atomizer]

IMO, divulging that particular reason is more likely to cause disquiet more than simply being ... quiet.

If the tenants in question are a family (meaning, with children), you could always say that you'd prefer older, "single" tenants. That is, if you feel you must give a reason at all. Which you do NOT have to provide.

This advice will land you in the losing end of a lawsuit. Just tell them you will be doing major renovations and selling. House must be empty to be able to do renovations.

 

[Lynn63]

Thank you for the replies. Yes, we're aware that HUD laws prevent us from discriminating against race, age, marital status, ect., so no...we would never give them that reason. To tell them that the home will be sold and needs renovating...we're just ones to want to speak the truth. They'll find out through the "grape vine" that it wouldn't be the truth when the next tenants move in (it's a small rural area). And I don't mean this sarcastically when I ask this...but wouldn't the hot check business be our business as well since we had to deal with it? I'm asking, because if they give us as a reference for their next landlord, do we not state what kinds of things we dealt with? And if so...wouldn't the same hold true? Just wanting to learn for future reference. Thanks again!

P.S. Yes...the 1 year lease agreement states that after a year, it will be on a month to month tenancy. We did send them a 30 day notice the end of December that the rent would be increasing as well as the late fee come Feb. 1st when the 1 year was up...and stated that all additional occupants would be charged 10% rent per person. That's when they mailed a certified letter requesting written permission for the two grown sons (no mention of the wife and baby) to live there (and the rent remain the same). After receiving that letter, we noticed the discrepancy in their ages and then called the school district and it was verified that the younger one never was enrolled in school last year. In other words, the grown adults who had previously been living out of state on their own had moved in and been living there with them for the last 6 months.

 

[atomizer]

Once they are gone I would'nt care what they think or say. But if someone does call you can simply say that you would not be inclined to rent to them again. You really should not rent to friends of family members. It just tends to complicate things.

 

[Lynn63]

Once they are gone I would'nt care what they think or say. But if someone does call you can simply say that you would not be inclined to rent to them again. You really should not rent to friends of family members. It just tends to complicate things.

They're neither friends nor family members.

 

[atomizer]

In that case your family members have complicated things for you by befriending your tenants. A little diplomacy and tactful discussion with your family members is needed so that this can be averted in the future.

 

[Gail in Georgia]

When a future landlord contacts you answer the questions as honestly and as short as you can.

You are typically asked if these folks rented from you ("yes").

If they paid their rent on time ("no")

If there were issues with bounced checks ("yes")

If you would consider renting to them again ("no; we did not renew their lease")

Simple answers without going into great detail are the best.

Gail

 

[Lynn63]

atomizer and Gail in Georgia...very helpful advice. Thanks so much.