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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 112661
Experience:  Attorney with over 24 years experience.
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My New Landlord came to me and said he has purchase the

Customer Question

My New Landlord came to me and said he has purchase the property now. Indicated to me that my lease was up on October 30, 2015. He informed me on November 2 2015 that he would not be renewing my lease. Cause he wants to move into my apartment. But he still wants this month rent for November and says that I have until the end of November to be out. Where is my 30 days notice. And do I have to pay him for this month. Is this legal can he do this to me.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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In TN if your lease has expired, and the landlord has not renewed any written lease, then if the tenancy continues, it would continue as a month to month tenancy under the same terms and conditions as the original lease except either party can terminate with a written 30 day notice.

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But in order to legally terminate your lease, the landlord would have to give you a written 30 day notice. A verbal notice doesn't count. At the end of the 30 day notice, if the tenant hasn't moved out, the landlord would then have to pursue a formal eviction through the courts which takes about 3-4 weeks depending on the court's schedule before the landlord could have the sheriff force the tenant out.

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But yes, the tenant has to pay for the entire time they are there or that would speed up the notice period to 14 days for nonpayment of rent instead of the 30 days to terminate a month to month tenancy.

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So at this point if he hasn't given you a written 30 day notice, he hasn't legally terminated your tenancy and the clock doesn't start running.

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thanks

Barrister

Customer: replied 1 year ago.
But where is my 30 days at. he wants rent for Nov. and wants me out at the end of Nov.
Expert:  barristerinky replied 1 year ago.

If he hasn't given you a 30 day notice in writing, then the clock doesn't start until he does. So he can't terminate your tenancy and start the 30 days counting down until he gives you the notice in writing.

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He is entitled to the rent for Nov and any other months you live there because a tenant never gets to live for free at a place. But he can't force you to leave until he follows the proper legal process and that starts with a 30 day written notice.

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So right now, you don't have to worry about moving at the end of Nov since he hasn't legally ended your lease.

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thanks

Barrister

Customer: replied 1 year ago.
No I am at work rather type. Thank You
Expert:  barristerinky replied 1 year ago.

No worries, those offers are automatically sent out by JustAnswer, not me personally. I prefer using their website to communicate as well.

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thanks

Barrister

Customer: replied 1 year ago.
you are saying on a month to month lease. If I don't pay him he can ask me to leave 15 days earlier for non payment ? But, he still has to go thru court to evict me right ? They have to serve me with papers right ? And I still have 30 days to move right ? Does he have the right to change locks with my stuff still in apartment?
Customer: replied 1 year ago.
I would like an answer to be totally clear with my answer and my decisions. I feel I have been done so wrong. I think he wants the apartment for daughter and that's ok, but just be fair with me. and to give me a little more notice would have not hurt.
Customer: replied 1 year ago.
Maybe get an answer to this question. Now I got 7 days free trial and 47 month if I want to keep right. Cancel anytime right.
Customer: replied 1 year ago.
I want to cancel at this time. Thanks for your service. Please cancel.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR.

Under TN law, once your lease expired you become a month to month tenant. This means that to evict you the landlord must give you 30 day notice IN WRITING to tell you to leave or be evicted. When someone buys property, they are bound by the lease in effect at the time of their purchase. So if your new landlord wants you out, he must give you written 30 day notice. If you pay the rent for November, he cannot refuse the rent and then try to evict you for non payment of rent. He must give you the 30 day written notice, then if you do not leave in 30 days, he can go to court to evict you.

IF you fail to pay rent, then he has to give you 14 day written notice and if you do not pay up he can go to court to evict you. If you pay up, then if he wants you out he must by law give you 30 day written notice, then if you fail to leave he can go to court and evict you.

You must pay the rent for the time you are staying in the property or he can evict you for non-payment with the 14 day notice.

IF he has not given you 30 day written notice and tries to evict you, it would be an unlawful eviction and you can sue him for damages, including return of rent for that month and costs of moving. The court can also refuse to evict you until he gives you proper 30 day written notice and make him refile his suit again.

I hope this clears this up to you.

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