Illegal 'Selective tenancy'? Property Managers please answer?

Question

The apartment complex I work at sometimes does not renew all leases. When we have a lease we are not going to renew, we give them a letter approximately 65 days before the end of their lease to inform them that they are not being renewed. 

With a unit recently, the tenants have argued with us about it and want to know why. We tell all tenants that it's a business decision and that's all. They have asked us for more time but this weekend I got a message from their lawyer saying that he thinks we are required to give tenants a reason and that by not doing so it's an issue of "selective tenancy" and he wants us to extend the lease or go to court.

The problem I have with this is that first of all, or course it's selective tenancy, that's why we reject applicats. The complex is private property and privately owned.

Second, if this was a valid legal issue, why have none of the tenants we decided not to renew never argued it?

These are not necessarily bad tenants, they do pay on time every month, but the amount of work orders they place is ridiculous and the constant complaining, we are no longer able to keep them happy anyway. There are always those few tenants that you will never be able to please and it's best to just part ways.

Also, even though I know the reasons we are not renewing them, we don't get into it with them in case they try to say we are being discriminatory or something like that, which is why we simply say it's a business decision. Its just like when tenants move out, they are not required to give up a reason...

I'm wondering if any other property managers have dealt with this issue before.

Thank you!

goz1111 · Accepted Answer

First off: Within the US I know of only two states NH and NJ which under certain facts require cause to end a lease, any other state no reason is needed to end a lease

if this is your state laws, then do not give in to the lawyers request, if no reason is needed then that's the law; If the lawyer thinks the leases are being illegally not renewed based upon not only being selective but selective in regard to a protective class: like race etc; absent the protective class, being picky or selective within itself is not illegal 

So in general yes you can be selective as long as you do not fringe on protective class; you do not have to answer the lawyer at this point based only upon a call or letter, only an actual filing of a complaint means anything

Landlord · Answer

Since you are giving notice at the end of the lease there is no reason required, just like they do not have to tell you why they do not want to live there and they can move.

I would respond with the reason that you no longer wish to continue the landlord/tenant relationship with this party.    You do not have to justify yourself.

No judge will force you to rent to them, they are just blluffing.

Anonymous · Answer

in many situations, the owner/agent can't replace the words of the hire in this type. the final reason people sign for a 12 months or extra in the 1st place is to fasten in the lease and words. rather this new maintenance coverage ought to take bring about case you renew, as all words are up for negotiation at that factor. otherwise, i could ask them to teach their place and study the hire and landlord/tenant regulation on your state to make certain in the event that they have any grounds on which to deny maintenance meanwhile.

shortridge · Answer

oftentimes, the owner/agent can not substitute the words of the employ in this form. the foremost reason human beings sign for a 12 months or greater interior the 1st place is to fasten interior the lease and words. quite this new maintenance coverage might desire to take bring about case you renew, as all words are up for negotiation at that factor. in any different case, i could ask them to instruct their place and examine the employ and landlord/tenant regulation to your state to make certain in the event that they have any grounds on which to disclaim maintenance interior the intervening time.

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Illegal 'Selective tenancy'? Property Managers please answer?

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