The lease for one of my tenants will expire in about two months. Do I need to serve the tenant with a notice that I do not want to extend or renew his lease?

What you need to do to terminate the lease depends on the clauses in your lease agreement and applicable landlord-tenant statutes for the state where your rental property is located. It can be of benefit for the lease agreement to address end-of-lease issues. For example, the agreement may state that the tenant is expected to vacate the unit if an extension or renewal agreement has not been executed by the parties at least some number of days (it should be at least 30) before the ending of the existing lease term.

As another example, the agreement may state that the lease becomes a month-to-month lease if no action has been taken regarding an extension or renewal, the landlord has not given notice of termination, and the tenant holds over beyond the term end. It is usually desirable to include the amount of the rent increase that becomes effective at the end of the current lease’s term when it has not been otherwise determined in advance of the term ending date.

If you don’t want to extend or renew the lease, the tenant can be given notice at any time prior to term end unless otherwise required by the lease agreement or law, but it should be long enough in advance for the tenant to make plans for moving. Usually, no reason need be given and it is best to not give a reason that can in any way be considered a violation of fair housing laws.

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