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Old 04-07-2011, 02:21 AM
 
1 posts, read 2,201 times
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Hi,

I am currently living in TN and I am renting an apartment on a month to month basis with no lease/no contract. My actual lease (6 months) ended last month. This month is my first month to month and I am late on rent by 2 days. After 1 day of being late, my landlord hit me with a $87.50 late fee and stated that I had 14 days to pay it in full or I will be evicted.

I have no problem with this only if it is legal. Before I was on month to month, I was charged at late fee of $10.00 per day. My first question is the $87.50 late fee for one day, on my month to month (no lease) legal?

My second question is rentlaw.com states : (in most states)
No lease: When a tenant rents month to month without a lease, a landlord needs only to give written notice (usually 30-45 days) to terminate the lease. If the tenant does not leave at the end of that time, the landlord can evict.

Does this apply to TN laws or is the 14 day eviction notice legal?

I am just wanting to make sure. Thank you.
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Old 04-07-2011, 07:26 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
Usually when a lease expires and goes month to month it's under the same terms and conditions as the original lease.

Google "TN landlord tenant laws" to see what's applicable in your state and you should be able to find the answers you need. Good luck.
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Old 04-07-2011, 07:52 AM
 
4,399 posts, read 10,669,291 times
Reputation: 2383
Quote:
Originally Posted by JimmyX View Post
Hi,

I am currently living in TN and I am renting an apartment on a month to month basis with no lease/no contract. My actual lease (6 months) ended last month. This month is my first month to month and I am late on rent by 2 days. After 1 day of being late, my landlord hit me with a $87.50 late fee and stated that I had 14 days to pay it in full or I will be evicted.

I have no problem with this only if it is legal. Before I was on month to month, I was charged at late fee of $10.00 per day. My first question is the $87.50 late fee for one day, on my month to month (no lease) legal?

My second question is rentlaw.com states : (in most states)
No lease: When a tenant rents month to month without a lease, a landlord needs only to give written notice (usually 30-45 days) to terminate the lease. If the tenant does not leave at the end of that time, the landlord can evict.

Does this apply to TN laws or is the 14 day eviction notice legal?

I am just wanting to make sure. Thank you.
The late fee in your orignal lease stands. YOu owe $10 for a late fee. If your landlord has not sent you a "change in terms of tenancy" notice with the required notice, your old lease remains in force except for the term which is now month to month.
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Old 04-07-2011, 06:37 PM
 
27,214 posts, read 46,736,758 times
Reputation: 15667
I agree with the last poster. On top of that in Florida the LL needs to post a 3 Day Notice before an eviction process can be started and we put it up immediately after being late....
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