Smyrna, TN asked in Real Estate Law for Tennessee

Q: I signed a year long lease for a townhome but I must break it to move out of state. Landlord is asking for 4 months rent

My job is moving me to Dallas for a promotion. There is nothing in the lease about what to pay in case of breaking the lease. At first, he said that I wasn’t allowed to break it and there was nothing that could be done. Then he talked to the owner and they said 3 months but now changed their mind to 4 months. Am I legally required to pay whatever he demands? It’s gotten quite hostile, and I feel like they’re going to not return my security deposit and make up charges to justify it. I also found someone willing to take over the remainder of my lease but the landlord said he and the owner don’t want that only someone willing to sign a year long lease

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1 Lawyer Answer
Paul E. Tennison
Paul E. Tennison
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: The lease break penalty should be specified in the lease. If it is not specified then default rules of the TN Uniform Landlord Tenant Act should apply. (in counties with over 75,000 residents) See T.C.A. Section 66-28-101. Unfortunately, the default rules state that the tenant is responsible for the payment of rent for the entire duration of the lease agreement. However, there is an exception to this rule that the landlord must attempt to mitigate damages. It seems if you offer the landlord a suitable replacement tenant and the landlord refuses that option then the landlord has unreasonably failed to mitigate damages.

66-28-510. Landlord's remedy after termination states: "If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees."

T.C.A. Section 66-28-301: Security deposits states that the security deposit must be returned by the landlord unless there are physical damages to the property which the tenant is responsible for.

If you have additional questions, I recommend you consult an attorney that can guide you through your best options. Many offer free or inexpensive consultations. Good luck!

Anthony M. Avery agrees with this answer

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