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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37854
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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In the State on TN, if a tenant does not move out of the

Customer Question

In the State on TN, if a tenant does not move out of the leased property at the conclusion of the lease and remains in the property for an additional week is the landlord able to deduct an amount from the security deposit to cover that additional week they were in the house?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Amanda,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Under TN law, if a tenant fails to vacate a rental unit at the end of the lease and stays an additional period of time---less than one month, then they are deemed a holdover and the landlord may do one of a couple of things.

If the tenant has a security deposit, the landlord may legally deduct from that deposit the pro-rate rent for the extra days spent in the rental by the resident.

Alternatively, the landlord may deem the holdover as an initiation of a month to month tenancy and may demand that the tenant pay an entire month's rent and give advanced written notice if they want to terminate the new month to month tenancy. What this means in effect is that a tenant overstaying a lease can be deemed to have converted to a month to month tenant and the landlord may legally demand rent for the entire month. If the rent is unpaid, the landlord may take the rent out of the security deposit.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,