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Can a landlord lease a rental out from under a current occupant?
If deliberations are still out on whether or not to renew a lease, can the landlord put the unit on the market for lease to another party even though the landlord and current occupant are still in talks on renewal? I've got two months left on my lease, and my landlord is telling me that if I don't give them an answer NOW that they're going to put my place up for rent immediately, expecting to fill the unit the second my lease is up. I live in the state of Tennessee. Can they do this? How many days prior to a lease expiring can they make ultimatums like this? If they cannot do this, please cite a legal source so I can throw the book at someone, haha. Thanks!
Please keep in mind that the lease is still good- there's two months left on it. I suppose an alternate question to this is how long before the lease expires can a landlord start making renewal ultimatums? Most places in the state, to my knowledge, don't care if you come in the last day of your lease to renew, so that's why I'm perplexed. There is nothing in the lease contract itself stating explicit dates for renewal or mandatory parameters, and the landlord has been clamoring for renewals since late January when the lease expires July 31st.
8 Answers
- LandlordLv 71 decade agoFavorite Answer
Yes of course. If you are not going to sign the lease he can rent to someone who will.
- Anonymous1 decade ago
You could sign a year-long lease on January 1st, and on January 2nd the landlord can tell you he is putting the place back on the market to have rented out again the second you leave if you don't renew (an extreme example, but makes a solid point).
What does your lease say about notice? TN law demands 30 days notice at least (if your lease is silent about notice), but there is no rule against giving more notice. Even if you inform your landlord that you do want to renew your lease, he doesn't have to honor it. As long as he gives you proper notice, he can elect not to renew your lease. If rental units in your area are in high demand, and/or he thinks he can get a better deal by bringing in a new tenant, then he is perfectly within his rights to put the pressure on you now.
Either sign a new lease, or expect not to be able to live there past the last day of it.
- BillLv 71 decade ago
Read your lease and it will tell you how soon you must give "written notice" to leave or renew the rental term. It is usually 60 days(30 in some states) and if you have not given "written" notice it is presumed that you are leaving and" the landlord can legally lease the rental out from under you( the current occupant").
- acermillLv 71 decade ago
The landlord can set renewal criteria as he wishes. If he wants you to renew 60 days prior to end of the lease, then you have the choice of renewing as requested or possibly losing the apartment to a new tenant. Your landlord is attempting to not have to tolerate a vacant month. He apparently thinks it will require 60 days to procure a new qualified tenant. The choice is yours. Renew NOW, or risk losing the apartment.
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- real estate guyLv 71 decade ago
sure. Smart landlord. He doesn't want the unit empty and you are playing around. What will happen shortly is that he will find a tenant and give you the required notice to move and then the issue of renewal will be solved for you and you will be moving.
- ?Lv 71 decade ago
Yes You failed to renew your lease when it was presented. Landlord can rent to anyone when ever.
That is none of your business. You need to start looking for a new apartment
- 1 decade ago
Most rentals require 2 months notice on moving. They can show your place to potential future renters in that time frame
Source(s): Personal experince - Anonymous4 years ago
the two areas of this relies upon on how Lum feels approximately your condominium history. It sounds to me like he could provide 2 craps much less approximately it because of the fact he replaced into keen to artwork with you with the money with none written contract in besides. call him to enable him comprehend you ought to apply him as a condominium reference and notice what he says. additionally, be sure you pay him the money you owe him because of the fact you're in the back of earlier you progression so which you're on good words. this might easily effect his determination to furnish you a good reference.
