Can management require a 45-day notice after a month-to-month lease change?

Full question:

I signed a lease at an apartment complex in Clarksville, TN, that expired August 14, 2008, after which it turned to a month-to-month lease. However, toward the end of June, while I was out of the country, the management with which I had signed the lease went bankrupt. A new management took over the complex, saying that the old management hadn't left any tenant leases behind and that they would provide me with a new lease after filling out a new rental application. I did, but was never provided with a new lease from this management. It must be noted that between early July and early August, most tenants left the premise, while I foolishly decided to stay. What's more, during that time period, no one occupied the office at the building, and telephone messages for maintenance requests were blatantly ignored (mold issues, black soot coming from air vents, inability to open windows, and inability to close the only window that remains open, allowing insects to infiltrate the apartment and having lead to higher cooling bills throughout the summer months). It should also be noted that a storm had taken out several windows in the building, which are now simply boarded up. Part of the building wall is held up by beams, while part of the roof has caved in. Rotting wall and ceiling beams can clearly be discerned in my apartment as well. When I paid rent on September 8, the management attempted to charge me a 10% late fee. Since I had no lease holding me responsible to any due dates and none of my maintenance requests had been honored, I refused to pay the late fee, but paid the month's rent. Informing them that I had never received a new lease, the management then produced the old lease (the one they claimed had been lost) and said they had decided to 'honor' it. On September 11, fed up with their imposing rules on me while failing to hold up their part (re maintenance), I put in a thirty-day move out notice. I was then told that I would have to give them a move-out notice on the 1st of the month (October); besides, I would have to give a 45-day notice as opposed to a thirty day notice. In sum, I refuse to concur with their request to pay a full month's rent for October and partial rent for November. I wonder whether the practices of this management are legal, and if they can hold me to their terms. I'm willing to pay a pro-rated rent to October 11, or 14 if need be, seeing as my old lease turned into a month-to-month lease on August 14, but don't see why I should have to pay for another 45 days beginning October 1, not having been aware that a lease even existed. My question then is, since the old and 'new-found' lease turned into a month-to-month, is it legal for this management to not honor my move-out notice of September 11, requiring that I give a 45-day move out notice on the first of October and charge me for another 45 days, all the while ignoring all maintenance requests? (The last request was put in at least seven days ago, and maintenance has yet to make an appearance.)

• Category: Landlord Tenant
• Date: 04/07/2025
• State: National

Answer:

In Tennessee, a landlord's failure to maintain the premises can be a defense against eviction. You should provide written notice to the landlord about any defects in the property, giving them a reasonable time to make repairs. If they remain unresponsive, you may be able to hire someone to make the repairs and deduct the cost from your rent. However, Tennessee does not have a specific statute governing this repair and deduct method, so your lease terms will apply.

As a month-to-month tenant, you can terminate the lease by giving written notice at least thirty days before the next rental period. If your rental period runs from the 15th of one month to the 15th of the next, you would need to give notice by September 15 to avoid being liable for the next rental period starting on October 15. Therefore, the management's requirement for a 45-day notice starting on October 1 may not be enforceable, especially since you did not receive a new lease and your maintenance requests were ignored.