What does the law in TN say regarding a tenant breaking a year lease?
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What does the law in TN say regarding a tenant breaking a year lease?
Asked on May 29, 2009 under Real Estate Law, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
As a general rule, a tenant is bound to the length of the lease unless the landlord significantly breaks the law or violates its terms -- for example, by failing to make necessary repairs, or by failing to comply with an important lease clause.
A few states have laws that allow tenants to break a lease because of health problems or a job relocation that requires a permanent move. Federal law and many similar state laws allow tenants who enter active military service and related government positions to terminate a lease early. On brief inspection of the applicable statutes I did not find this to be the case under Tennessee law.
A tenant who breaks a lease without good cause will be responsible for the remaining rent due under the lease term. However, a landlord has a legal duty to mitigate damages by using reasonable efforts to try to find a new tenant -- no matter what the tenant's reason for leaving -- rather than charge the tenant for the total remaining rent due under the lease.
If you have a disagreement with your tenant, you may be able to use mediation to resolve the problem, or you may take your tenant to small-claims court.
The above is based on a quick review of the law, for a more comprehensive response you would need to speak with an attorney in your area.
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