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Jumau Wilcox
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  • Rental Property Investor
  • Tennessee
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Written request to vacate

Jumau Wilcox
Pro Member
  • Rental Property Investor
  • Tennessee
Posted Apr 10 2024, 06:48

My tenant acknowledged to me he was going to move out breaking the lease. So I started looking for another tenant. The next day he back tracked but I already found another tenant. Does he have a right to the property? Or can I move forward accepting his notice to vacate? 

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Replied Apr 11 2024, 11:20

What does the lease language say about early termination? 

I require my tenants to provide a 30-day notice regardless if they are terminating during or after the initial lease term.  I typically allow my tenants to rescind the 30-day notice as long as they are up with their payments and are not violating any rules. 

If the lease language is silent, and all of the communication was verbal, the tenant can argue he's still under contract with you. 

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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
Replied Apr 11 2024, 11:37

Bottom line: you have to know your state's landlord/tenancy laws.  If the property is located in Tennessee, here's the requirement for a tenant breaking a lease:

"Tenants are required to provide written notice to landlord before breaking a lease in Tennessee. The notice period may vary depending on your lease agreement, but it's typically 30 days. Failure to provide notice may result in additional fees or consequences."  

You're stuck with the current tenant.  Don't be surprised if he attempts to break it again and then hold him to the state's written notice law and the time stipulation in your contract.

Best...

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User Stats

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Jumau Wilcox
Pro Member
  • Rental Property Investor
  • Tennessee
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Jumau Wilcox
Pro Member
  • Rental Property Investor
  • Tennessee
Replied Apr 11 2024, 11:44

The lease states 30 day notice with an early termination fee to be added to that. We were corresponding through text. Then I googled where it says text is not considered a written notice to vacate. 

Thank you for the response