Full question:
Owner signed a lease to rent home for 1 year. Lessee 1 and 2 did not come up with the money to execute lease on agreed date. Lessee 1 called owner to state a problem and ask to meet the next day at 4:00 pm. Owner agreed. Lessee 1 did not show or call owner about his not making that appointment. Owner called lessee 1 and left a voice mail stating his deposit would be held and the home would not be rented to them. Lessee 1 called hours later to state problem 2 reason for appointment not made and was informed of default in lease and home would not be rented. Can the owner be held responsible in any way by lessee's if court action was taken in regards to deposit and there failure to meet the possession date listed in lease?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Tennessee
Answer:
According to Tennessee law, landlords must follow specific procedures regarding security deposits. If a landlord requires a security deposit before occupancy, they must deposit it in a separate account and inform tenants of its location (Tenn. Code Ann. § 66-28-301(a)).
If the lease is terminated, the landlord must inspect the property and provide a detailed list of any damages and their estimated repair costs within ten business days (Tenn. Code Ann. § 66-28-301(b)). The tenant has the right to inspect the property and dispute any inaccuracies in this listing.
A landlord cannot keep any part of the security deposit if they did not follow these procedures (Tenn. Code Ann. § 66-28-301(c)). If the tenant vacates the property with unpaid rent, the landlord may apply the deposit to cover that debt (Tenn. Code Ann. § 66-28-301(e)).
In your case, since the lessees did not fulfill their obligations under the lease, the owner is likely justified in retaining the deposit. However, if the owner did not follow the required procedures for handling the security deposit, they could face challenges in court.
This situation is complex, and it may be beneficial to consult with a legal professional for specific advice.
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.