Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney in Tennessee. Thanks for your question, but I'm sorry for your trouble with this matter.
Do you have a written lease, or are you month-to-month?
yes I do have written lease that requires a 30 day notice
Ok. Thanks. The law requires that the 30-day notice be given to the tenant in writing in order to terminate a month-to-month lease. This 30 day notice is required to run from rental due date to rental due date.
In other words, if rent is due on the 1st, the 30 day notice couldn't be given on the 15th of the month. Instead, the landlord would have to wait until the next time rent is due and give notice on that day.
Here's a link to the statute:
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 a 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, back rent and reasonable attorney's fees as well as any other damages provided for in the lease. If the tenant's holdover is willful and not in good faith, the landlord, in addition, may also 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) shall apply.
I did not receive a written notice until after the first, in fact I still don't have one because they sent it to my home address in tx. not my rental address in tn.
So, if rent is due on the 1st, you would have had to be given notice at least by September 1st if you're supposed to be out by October 1st.
Also, if she didn't give notice to you at your residence - - where she knows you are - and instead sent it to Texas - it is very likely that the notice is not valid.
There's no proof that you ever got it, actually. Even if it was sent certified mail, you never signed for it in Texas.
is it legal to evict someone just because you don't like them.
On a month to month tenancy, the landlord can evict a tenant for any reason or for no reason at all SO LONG AS it is not discriminatory based on race, sex, age, disability or religion.
also, if I move before the first and my rent is paid till the first , can they rent my space
So, yes, the landlord could terminate your tenancy just because she doesn't like you.
If you move before the first, and they rent your space BEFORE your lease is up, you'd be entitled to your money back as the landlord cannot collect double rent for the same space - - that's called unjust enrichment and is illegal.
thank you god bless.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).