Asked in Landlord - Tenant for Tennessee

Q: Hello.I am in TN. I have a signed lease (just my name) I subletted my apartment for personal reasons lasting 2 months.

Now I need my place back... AND they have been late those two months & made my utilites almost shut off. I did not go through my landlord or apartment ( I know im wrong!!) but I didn't. There is NO written agreement. & I would like to know my rights...they have an attitude with me saying I'm unfair & that we should have signed something. Well we didn't. I gave them 30 days... But I have a feeling these people might be a problem for me!! & I don't trust them to pay the bills they booked up! What can i do? What are my rights? Please help me know. Thank you. I just hope they don't get me in trouble to lose my place, it's all I have.

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: One thing for sure- always put the agreement in writing, its just good business and it helps AVOID disputes. But thats for next time. As to these folks, they are tenants (even if your landlord didn't know about them and there's no written agreement). If they paid rent weekly, its a weekly lease, If they paid monthly, its a month to month lease, and a month to month lease can be terminated on a months notice. When you "gave them 30 days" hopefully you mean you gave them a WRITTEN notice ( and you kept a copy) and the notice said you were TERMINATING the lease. You don't have to have a reason like failure to pay rent, you can just decide you want to get out of the rental business.But if you don't have a reason, they get a month to move. If you haven't given a written notice to terminate, do so asap. Today is 7/27/16, so if you gice notice during JULY ( not August 1!) they have to be out on Sept 1. The notice should say they must be out by 7/31/16. Note the notice period is NOT 30 days, it is a calendar month ( in you case, the month is themonth of August). Once you have given proper written notice of termination, if they don't move out by Sept 1, you can file the eviction lawsuit. In tennessee, this is called "unlawful detainer". The larger cites ( memphis, nasville, Knoxville, Chattanooga, and a few more) have rental law that applies only in those large urban areas ( and this is what i have described above). If you live in one ofthe smaller rural areas, different "common law" applies, but either way, you must still give the notice of termination.If inthe rural counties, i suggest you get a lawyer to help you.

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