FocusedRampage
Junior Member
What is the name of your state (Tennessee)?
All,
I have a very interesting situation brewing and I am posting (yes, really) on behalf of a friend.
For the past five months (of a 12 month lease) she has been renting an apartment with a roommate in a rather ambiguous sublet situation. The guarantor /sublessor of the apartment is the roomate’s mom since neither tenant has good credit. Both my friend and the daughter are listed as tenants on the Master Lease with the apartment management company. There have been no additional agreements signed by my friend or the roommate with “mom.” Also staying with them is my friend’s boyfriend who is technically a guest and who is not on the lease.
My friend has not failed in her obligation to pay one half of the rent to mom on the first of the month as mom has orally requested so that she can pay the management company on one check. My friend has not violated any laws pertaining to enforceable cause as set forth in TCA 66-28-401 or TCA 66-28-505. This is the Tennessee Title outlining the Uniform Landlord Tenants Act which applies to rentals in the county in which she resides.
6 days ago mom left a Notice to Quit which lists both my friend and her boyfriend on the same notice requesting that they vacate within 30 days. This notice did not list a cause for the request. It also had a signature line for the both of them. Apparently realizing after speaking to an attorney friend (I’m guessing here) last night mom left a second Notice to Quit this time listing late rent and unauthorized occupant as a cause for the notice.
Here are my thoughts and I’d like your opinions on this.
According to TCA 66-28-508 - barring language to the contrary in any subsequent agreement or lease the landlord waives right to terminating a rental agreement based on a known breach if he/she accepts rent without reservation. Mom frequently stops by the apartment to visit her grandchildren and has had full knowledge of my friend’s boyfriend staying over on a number of different occasions. My contention is that since she has accepted rent during the five months my friend has rented there and she has not made any effort to serve notice on my friend that he needs to leave thus not giving her the requisite time to remedy the breach prior to this notice, that this cause is unenforceable.
My friend has also not been late with rent. Nor has she ever failed to pay rent.
My thoughts are
1. The notice is defective and unenforceable in absence of any other agreements. My friend does not and should not sign it nor should she move
2. The mom has waived her right to notice under pre-existing known breaches in her acceptance of rent.
3. By including the boyfriend on the notice mom has legitimized his tenancy and by default agreed that she has overlooked the breach (if any) for the past five months.
I’d be interested in your thoughts – thanks in advance. If any of you have any relevant case law that I can look at as well no matter the jurisdiction I’d be very interested in your input.
All,
I have a very interesting situation brewing and I am posting (yes, really) on behalf of a friend.
For the past five months (of a 12 month lease) she has been renting an apartment with a roommate in a rather ambiguous sublet situation. The guarantor /sublessor of the apartment is the roomate’s mom since neither tenant has good credit. Both my friend and the daughter are listed as tenants on the Master Lease with the apartment management company. There have been no additional agreements signed by my friend or the roommate with “mom.” Also staying with them is my friend’s boyfriend who is technically a guest and who is not on the lease.
My friend has not failed in her obligation to pay one half of the rent to mom on the first of the month as mom has orally requested so that she can pay the management company on one check. My friend has not violated any laws pertaining to enforceable cause as set forth in TCA 66-28-401 or TCA 66-28-505. This is the Tennessee Title outlining the Uniform Landlord Tenants Act which applies to rentals in the county in which she resides.
6 days ago mom left a Notice to Quit which lists both my friend and her boyfriend on the same notice requesting that they vacate within 30 days. This notice did not list a cause for the request. It also had a signature line for the both of them. Apparently realizing after speaking to an attorney friend (I’m guessing here) last night mom left a second Notice to Quit this time listing late rent and unauthorized occupant as a cause for the notice.
Here are my thoughts and I’d like your opinions on this.
According to TCA 66-28-508 - barring language to the contrary in any subsequent agreement or lease the landlord waives right to terminating a rental agreement based on a known breach if he/she accepts rent without reservation. Mom frequently stops by the apartment to visit her grandchildren and has had full knowledge of my friend’s boyfriend staying over on a number of different occasions. My contention is that since she has accepted rent during the five months my friend has rented there and she has not made any effort to serve notice on my friend that he needs to leave thus not giving her the requisite time to remedy the breach prior to this notice, that this cause is unenforceable.
My friend has also not been late with rent. Nor has she ever failed to pay rent.
My thoughts are
1. The notice is defective and unenforceable in absence of any other agreements. My friend does not and should not sign it nor should she move
2. The mom has waived her right to notice under pre-existing known breaches in her acceptance of rent.
3. By including the boyfriend on the notice mom has legitimized his tenancy and by default agreed that she has overlooked the breach (if any) for the past five months.
I’d be interested in your thoughts – thanks in advance. If any of you have any relevant case law that I can look at as well no matter the jurisdiction I’d be very interested in your input.
, here is a link to the Office of the Attorney General for Tennessee: 
