Tennessee Laws on the Fee for Breaking a Lease
Title 66, Chapter 28 of the Tennessee Annotated Code is the Tennessee Uniform Residential Landlord and Tenant Act. Tennessee law allows landlords to sue their tenants for damages, attorneys' fees, court fees and unpaid rent if they break their leases prematurely. Tennessee law further allows landlords to file a lien on their tenants' abandoned property if they abandon their homes without paying rent and terminate their leases before they expire. Landlords can also sell their abandoned property in limited circumstances.
Tennessee Uniform Residential Landlord and Tenant Act
In 1975, the Tennessee legislature adopted the Uniform Residential Landlord and Tenant Act. The act applies to leases entered into after July 1, 1975, or renewed after this date. It does not apply to all counties in the state. According to the Tennessee General Assembly, only counties with more than 68,000 local residents are required to comply with the act. The legislation also applies to some counties with 68,000 residents or fewer, according to the results of the Tennessee census conducted in 1990.
History of Act
The Tennessee Uniform Residential Landlord and Tenant Act is based on the Uniform Residential Landlord and Tenant Act prescribed by the National Conference of Commissioners on Uniform State Laws. The National Conference of Commissioners on Uniform State Laws finished drafting its approved Uniform Residential Landlord and Tenant Act in 1972 and approved it for all states in 1974. In 1974, the American Bar Association approved and endorsed the act to become legislation in all states. Although most states have adopted major parts of the act, it has not become federal law, since states have the authority to prescribe their own property laws.
Tennessee Abandonment Laws
The act allows landlords to assume their tenants have abandoned their units if they have been absent for at least 30 days without paying rent. Landlords can enter their tenants' abandoned property and reclaim their rentals without permission from their tenants. Tennessee law also gives landlords the right to repossess their property if their tenants are at least 15 days delinquent in rent and have removed all of their belongings. Landlords are required to provide their tenants with a 10-day written notice to retrieve their abandoned property. Landlords must place their written notices on the doors of their abandoned homes and mail them to their tenants' last-known address.
Landlords' Rights
If tenants do not contact their landlords within the 10-day period, their landlords have an obligation to safeguard their property for an additional 20 days. If tenants do not retrieve their personal belongings within 30 days, landlords can sell them and keep proceeds to pay for delinquent rent, incidental damages, attorneys' fees, court costs, sale fees and storage expenses.
Landlords' Duties
Tennessee law prohibits landlords from accepting future rent payments from their tenants who express their intent to terminate their leases prematurely. An acceptance of rent is a waiver of a landlord's right to sue for early termination damages. Under Tennessee law, landlords have an obligation to mitigate their damages by attempting to re-rent their apartments at a fair rental price.
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