Full question:
I have a three month lease that expires June 6th, I gave a thirty day notice on May 1st. The office called and left a message stating that I had to give a 60 day notice and I would be breaking my contract. My question is my 'contract' will actually end on June 6th and do you really need to give a 60 day notice on a 90 day lease in Tn? That seems a little extreme.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Tennessee
Answer:
When you sign a lease, its terms dictate how you can terminate it early. If your lease does not specify a requirement for a 60-day notice, you generally only need to provide the notice period stated in the lease. Since you have a three-month (90-day) lease that ends on June 6th, your notice given on May 1st should suffice, as it provides the required 30 days' notice.
In Tennessee, a tenant is considered a tenant-at-will if there is no lease. For a month-to-month tenancy, a 30-day notice is required. However, if you have a written lease for 90 days, the lease terms regarding notice take precedence. It's advisable to provide written notice to terminate the lease and keep a copy for your records.
According to Tennessee law (Tenn. Code Ann. § 66-28-512), a landlord or tenant may terminate a month-to-month tenancy with a 30-day written notice. If you remain in the property after the lease ends without the landlord's consent, they may take legal action to regain possession.
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.