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What does the law say in Tennessee about breaking a lease early

Customer Question
because of a job transfer...
What does the law say in Tennessee about breaking a lease early because of a job transfer out of state?
Submitted: 7 years ago.Category: Real Estate Law
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2/16/2010
Real Estate Lawyer: WALLSTREETESQ, Lawyer replied 7 years ago
WALLSTREETESQ
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Satisfied Customers: 17,253
Experience: 10 years, Real Estate litigation, represent the UFT, NYSID, AFL-CIO, PPD Network Attorney
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Did the lease have a "break lease fees" in the contract, and did it stae they will waive terminate the lease if you pay the lease fee?
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Customer reply replied 7 years ago

The lease says: for Termination of Lease by Tenant, the tenant is responsible for: paying the Lease Fee ($1,500.00), paying rent each month until rented, leaving all utilities on, and for the condition of the premises until Tenant is released from the Lease terms.

 

It does not say it will waive anything.

 

We are wondering if they can legally charge us this fee, and still expect us to pay the rent on it until rented when we have to move out fo state for job reasons

Real Estate Lawyer: WALLSTREETESQ, Lawyer replied 7 years ago

the lease is valid, because TN law regarding termination fees, allows the contract terms to be valid. In one way it does help you, that if they rent the apartment in one month you only owe one month, and no the remaining months in the lease. The TN law allows for collection of rent for the remaining months of the lease if you move out early, so the lease fee is a decent option, and is better than state law.

 

 

66-28-505. Noncompliance by tenant - Failure to pay rent.

(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 66-28-401 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach, and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice. If the breach is not remedied in fourteen (14) days, the rental agreement shall terminate as provided in the notice, subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement.
(b) If rent is unpaid when due and the tenant fails to pay, written notice by the landlord of nonpayment is required unless otherwise specifically waived in a written rental agreement. The rental agreement is enforceable for collection of rent for the remaining term of the rental agreement.
(c) Except as provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or § 66-28-401. The landlord may recover reasonable attorney's fees for breach of contract and nonpayment of rent as provided in the rental agreement.
(d) The landlord may recover punitive damages for willful destruction of property

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Customer reply replied 7 years ago
There is nothing in TN laws that say anything about relocating out of state because of job?
Real Estate Lawyer: WALLSTREETESQ, Lawyer replied 7 years ago
No, they consider a tenant lease as a contract and thier is no emergency reason to leave unless specifically stated in a lease.
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