Full question:
Our LL has given us a 30 day notice that she is terminating the lease, the rent was late but paid in full for June, now she is telling us we have until July 16th to get out or she is changing the locks, can she do this? She said we have until noon that day to leave and we will owe her $500 for half a month. She will owe us that from the deposit, so do we have to pay half a month or can we let her keep the deposit?
- Category: Landlord Tenant
- Date:
- State: Tennessee
Answer:
The ability of a landlord to terminate a lease and change the locks depends on the lease agreement and state law. In Tennessee, under Tenn. Code Ann. § 66-28-505, if a tenant fails to pay rent, the landlord can issue a notice of noncompliance, allowing the tenant at least thirty days to remedy the situation. If the tenant does not comply, the lease may terminate as specified in the notice.
Regarding the $500 charge for half a month’s rent, if the lease states that the tenant is responsible for rent until the end of the lease term, the tenant may be liable for that amount. However, if the tenant has paid rent for June, the landlord cannot charge for that month again. The landlord may use the security deposit to cover unpaid rent, as stated in Tenn. Code Ann. § 66-28-301(e). If the tenant disputes the charges or the landlord's right to keep the deposit, they can seek resolution through the court.
In summary, the landlord can change the locks if the lease is terminated according to the law, but any charges should be clearly outlined in the lease agreement. Tenants can also dispute any claims regarding the security deposit.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.