Breaking a lease in Tennessee isn’t easy. If you sign a Tennessee lease agreement, you should follow it to the letter. Very few people expect to break a lease once they sign one. However, there are many good reasons for why someone needs to break a lease quickly.
Yet you can’t rush the process of breaking a lease in TN. Even if you need to break a lease immediately, you must study the Tennessee landlord tenant laws. You risk paying rent or additional penalties and even being sued in housing court if you don’t follow the laws. But once you know how to get out of a lease in TN, you can follow the process and move out in no time. Here’s what to know about breaking a lease in TN.
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Tennessee Lease Laws
There is no one Tennessee landlord tenant law. There are a few Tennessee lease laws you need to understand. These laws apply to all Tennessee residents, including tenants living in Nashville.
Section 66-28-104 of the Tennessee Code provides the definition of a rental agreement in the state of Tennessee. A rental agreement is all agreements between a renter and landlord about the terms and conditions of renting a property, such as rent. The agreements can be verbal or written. A rental agreement means the same thing as a TN lease agreement.
Section 66-28-402 clarifies the terms and conditions that can be in a Tennessee lease agreement. The terms and conditions must promote the convenience or safety of a property. It must clearly inform the tenant about what they must or must not do to comply, including how to pay rent. You must receive a notice of it as soon as you enter into the lease agreement. If there are multiple tenants, the rental agreement must apply to all tenants in the rental property equally.
As long as your landlord complies with Section 66-28-402, they can include any clause they want in your rental agreement. This includes an early termination clause with guidelines on what to do if you want to break your lease and harsh penalties for breaking it.
Section 66-28-507 discusses re-renting. Once you move out, your landlord must make reasonable efforts to find another tenant. This means that you are only liable for the money your landlord lost while your property was vacant. If they find a tenant quickly, you may not need to make any additional rent payments. If they don’t, you may need to continue paying until they find someone. Your landlord or property management staff can also charge you re rent expenses for finding a new tenant, including advertising your rental property.
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What Happens When You Break a Lease in Tennessee
Once you sign a TN lease agreement, you are expected to follow all its guidelines. Tennessee law does not define any penalties for early lease termination. However, most lease agreements include penalties for breaking one. Penalties can include losing your security deposit, making an extra rent payment, or paying a flat fee.
Your landlord can sue you in small claims or housing court, especially if you missed a rent payment or violated another term in your lease. If you lose your case, you may pay penalties and be evicted.
Breaking a lease can harm your credit score, especially if you don’t have legal protection for breaking your lease. If your landlord can’t find another tenant after you move out, you may be obligated to keep paying rent until they do, further harming your credit score. You likely won’t be able to use your landlord as a reference when you apply for other rental properties, which can make it hard to find a new apartment or rental unit. You can still apply for first-time homebuyer programs in Tennessee, but a lower credit score or a lack of references can make it difficult to get a loan.
Legal Reasons for Breaking a Lease in Tennessee
You have a few legal justifications for breaking a lease in TN. You should meet with a lawyer so you know for sure that you are protected under the law. Here are just a few reasons why you can break your lease in Tennessee.
You Are Starting Active Military Service
The Servicemembers Civil Relief Act (SCRA) allows anyone performing active military service to break a lease at any time. SCRA protections apply to all members of the six branches of the military and activated National Guard members. They also apply to members of the commissioned corps of the National Oceanic and Atmospheric Administration and the Public Health Service.
To qualify, you must be on active duty for at least 90 days, and your TN lease agreement must have been signed before you entered active duty. You are allowed to break a lease no matter how much time is left on your lease. However, you must send your landlord a written notice that you are ending your lease and clarify why you are doing so. You must also send them a copy of your active military duty orders. Once you’ve mailed your notice, your lease will end 30 days after your next rent is due.
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Your Rental Unit Is Unsafe or Violates State Law
If your landlord fails to provide a safe or clean living space, you may break your lease without penalty. The landlord must violate the law in a major way, like failing to provide you with adequate heat during the winter.
Section 66-28-502 of the Tennessee Code specifies what you need to do to break your lease if your home is unsafe. If your landlord fails to give you an essential service, you must send a notice to them about the service they won’t provide. As long as your landlord fails to comply with the law, you can move out and be exempt from paying rent.
If your home is damaged after a fire, you may leave immediately and terminate the lease within 14 days of your move. You should notify your landlord with a written notice. Your lease will terminate on the day that you moved out. If your home is so damaged that you need to leave in order to make renovations, your landlord can cancel your lease for you.
Your Landlord Harasses You or Violates Your Privacy Rights
Section 66-28-403 of the Tennessee Code specifies landlord inspections. Your landlord can enter your property without your consent only in the event of an emergency. If your landlord enters your apartment without your consent multiple times, you may have legal protection.
You also have legal protection if your landlord “constructively evicts” you. This means that they deny you access to your apartment by changing the locks, turning off your utilities, or removing doors and windows. You can start breaking a lease in TN immediately without paying rent.
You Have Experienced Domestic Violence
Section 66-28-205 states you can end a lease agreement immediately if you or someone in your home has experienced domestic violence, sexual assault, or stalking. Tennessee law exempts you from paying penalties even if your Tennessee lease agreement says you would pay penalties for ending a lease early.
To qualify, you must send your landlord a written notice requesting release from the lease agreement. You and your landlord must agree on a date within 30 days of writing the notice on when you are released. You must also include a copy of an order of protection, a police report, or another document corroborating your claim of domestic violence.
Your landlord cannot give away your personal information once you’ve terminated your lease. You must vacate your residence within 30 days of sending your notice.
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How to Get Out of a Lease in Tennessee
Now that you’ve read about Tennessee tenant laws, you can review the steps for getting out of your lease. Here is how to get out of a lease in Tennessee once you’ve decided to break a lease early.
Contact a Housing Lawyer
You should always talk to a housing lawyer before you sign your lease. Housing lawyers are located all throughout the state, including affordable Nashville suburbs and Spring Hill. Your lawyer can look over the lease and make sure it is in full compliance with Tennessee tenant laws. They can also advise you on how to modify it to give you more protections for breaking a lease.
Schedule another appointment with your lawyer before you break it. They can look over it again and tell you how to get out of a lease in TN. If your landlord sues you for breaking a lease in TN, your lawyer can negotiate with them and represent you in court.
If you need to send a written notice breaking your lease, you should give the notice to your lawyer. They can tell you what language to include. If you’re invoking a legal right to break your lease, you must say that clearly in your written notice.
Search for a New Home
You should be ready to move out of your old home as soon as the process of breaking a lease in TN is done. Research new properties and find a place where you’re going to live. Keep in mind that you may not be able to use your current landlord as a reference.
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Review Your Lease Agreement
Keep a copy of your lease agreement after signing it. If you’re going to break it, you should look over it and see if there are any terms you need to follow. Your Tennessee lease agreement may specify a penalty for breaking your lease, but you can always negotiate with your landlord to reduce your penalty. If your TN lease agreement has an early termination clause, review it and figure out what you need to do next.
Minimize Your Early Termination Penalty
There are a few ways you can minimize your early termination penalty and avoid a further rent obligation. Try finding a replacement tenant who can move in as soon as you move out.
Talk to your landlord and see if they have any ideas. They may agree to let you sublet your property to cover the early termination penalty. If you have a very good reason for moving out, they may waive the penalty entirely. You can hand them your written notice during your meeting.
There are no deadlines for presenting a notice if you have a fixed-term lease. Giving your notice to your landlord 30 days before breaking your lease can give them enough time to find another tenant.
You are exempt from paying penalties if you’re moving out due to domestic violence. Tennessee state law does not provide an explicit exemption for people moving out due to landlord harassment or safety code violations. If your landlord is forcing you to make rent payments after harassing you or denying you services, you can claim your money back by filing a lawsuit.
Move Out
Once you’ve submitted your notice, you should prepare to move out. Contact apartment movers and schedule your move as soon as possible. Personnel on active military duty can contact the Department of Defense for assistance when moving. MilitaryINSTALLATIONS provides information on duty stations and bases, and you can contact consultants to make a smooth move.
For a short-notice move, you can hire moving helpers for loading, unloading, and heavy lifting while you manage lease paperwork and housing arrangements.
Even if you’re breaking a lease early and in violation of the law, your landlord cannot lock you out or cut off your utilities. If your landlord does this, you can claim damages under Tennessee law.
How to Get out of a Lease in TN
You should only start breaking a lease in Tennessee when you need to. Tennessee law protects active-duty service members and victims of landlord harassment, health law violations, and domestic violence. You are not protected if you want to move in with a loved one or relocate for work.
However, you can break a Tennessee lease agreement and avoid paying penalties by talking to a lawyer, reviewing your lease, and sitting down with your landlord. If you find a new tenant, you can avoid paying future rent payments entirely.
Once you’ve broken your lease, you can move out in no time. 6th Man Movers is the most trusted Nashville moving company. Call 615-434-8272 for a free estimate now.
