How Much Notice Do I Need to Give in Tennessee to Terminate a 90 Day Lease?
Full Question:
Answer:
Generally, when a lease is signed, the terms of the lease will govern early termination of the lease. If the lease terms don't allow for early termination, the tenant may be held liable for the remainder of the lease, unless the tenant can prove a breach of the lease terms by the landlord. However, the landlord has a duty to mitigate (lessen) damages by making reasonable attempts to relet the premises. This generally means that the landlord must advertise the premises and make attempts to show the premises to prospective tenants. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved, whether reasonable attempts have been made to relet the premises. Some of the factors that may be considered, among others, include the reasons for turning down the prospective tenants and whether the landlord is in fact out of town and unable to show the premises.
A tenant without a lease is generally considered a tenant-at-will. Tennesse law requires at least 30 days written notice to terminate a monthly tenancy at will, and 10 days written notice to terminate a weekly tenancy. The length of the tenancy is determined by the period between when rent payments are due. Therefore, if rent is due monthly, a tenant is considered a monthly tenant. However, if you have a written lease for 90 days, the terms of the lease regarding notice will govern. A tenant should give written notice to terminate a lease, rather than oral notice, and to keep a copy for the tenant’s records.
Please see the Tennessee statute below:
66-28-512. Termination of periodic tenancy — Holdover remedies.
(a) The landlord or the tenant may terminate a week-to-week tenancy by
a written notice given to the other at least ten (10) days prior to the
termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy
by a written notice given to the other at least thirty (30) days prior to
the periodic rental date specified in the notice.
(c) If the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or its termination,
the landlord may bring an action for possession and if the tenant's
holdover is willful and not in good faith, the landlord, in addition, may
recover actual damages sustained by the landlord, plus reasonable
attorney's fees. If the landlord consents to the tenant's continued
occupancy, § 66-28-201(c) applies.
