What is the name of your state (only U.S. law)? Tennessee
I have a question regarding tenant and landlord law that involves something I am a bit confused by.
A person is using a dwelling(house) and has been living there for 3 months. The original rental agreement was to pay by the week, but there was no written agreement that the tenancy was "week to week" or "month to month"
NO written lease has been delivered to the tenant.
The individual is now being told to leave the property because the house will be used for another service other than living quarters.
Here are the statutes that I feel pertain to my question...
Tenn. Code Ann. § 66-28-202 (2012)
66-28-202. Effect of unsigned or undelivered agreement.
(a) If the landlord does not sign a written rental agreement, acceptance of rent without reservation by the landlord binds the parties on a month to month tenancy.
(b) Any person or persons taking possession without payment of rent and failing to sign a written rental agreement delivered to them by the landlord or who enter without oral agreement are deemed to be trespassers and may be evicted forthwith and may be held liable for damages and rent for the term of trespass and reasonable attorney's fees; provided, that if such person or persons pay rent, which is accepted by the landlord, such person or persons shall become tenants of the landlord.
AND---
66-28-512. Termination of periodic tenancy -- Holdover remedies.
(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten (10) days prior to the termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice.
(c) If a tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession, back rent and reasonable attorney's fees as well as any other damages provided for in the lease. If the tenant's holdover is willful and not in good faith, the landlord, in addition, may also recover actual damages sustained by the landlord, plus reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, § 66-28-201(c) shall apply.
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The question is...
Since the rental agreement was not delivered in writing and signed(only stipulations made via email), does this tenancy constitute a month to month(as stated above), despite being paid by the week? Or, is this a "week-to-week" rental?
-----------------------------
Further reading reveals that in terms of payment (regardless of written lease or not), there must be a mutual arrangement made by the tenant and landlord as to where payment is made. Here is the extract from this TN statute...
(c) Rent shall be payable without demand at the time and place agreed upon by the parties. Notice is specifically waived upon the nonpayment of rent by the tenant only if such a waiver is provided for in a written rental agreement. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. Upon agreement, rent shall be uniformly apportionable from day to day.
In essence, I am unsure if the scheduled payment constitutes the type of rental agreement. It doesn't seem so, but there might be more to it.
"...rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments...", means from what I can tell, that the 'period' is paid for at the beginning of the 'period', but I assume there needs to be a general agreed upon definition.
Or since there was no written lease(66-28-202a), is it just considered a month-to-month unwritten agreement by default, regardless of the division of payments?
Thank you and looking forward to your replies...
I have a question regarding tenant and landlord law that involves something I am a bit confused by.
A person is using a dwelling(house) and has been living there for 3 months. The original rental agreement was to pay by the week, but there was no written agreement that the tenancy was "week to week" or "month to month"
NO written lease has been delivered to the tenant.
The individual is now being told to leave the property because the house will be used for another service other than living quarters.
Here are the statutes that I feel pertain to my question...
Tenn. Code Ann. § 66-28-202 (2012)
66-28-202. Effect of unsigned or undelivered agreement.
(a) If the landlord does not sign a written rental agreement, acceptance of rent without reservation by the landlord binds the parties on a month to month tenancy.
(b) Any person or persons taking possession without payment of rent and failing to sign a written rental agreement delivered to them by the landlord or who enter without oral agreement are deemed to be trespassers and may be evicted forthwith and may be held liable for damages and rent for the term of trespass and reasonable attorney's fees; provided, that if such person or persons pay rent, which is accepted by the landlord, such person or persons shall become tenants of the landlord.
AND---
66-28-512. Termination of periodic tenancy -- Holdover remedies.
(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten (10) days prior to the termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice.
(c) If a tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession, back rent and reasonable attorney's fees as well as any other damages provided for in the lease. If the tenant's holdover is willful and not in good faith, the landlord, in addition, may also recover actual damages sustained by the landlord, plus reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, § 66-28-201(c) shall apply.
-----------------------------
The question is...
Since the rental agreement was not delivered in writing and signed(only stipulations made via email), does this tenancy constitute a month to month(as stated above), despite being paid by the week? Or, is this a "week-to-week" rental?
-----------------------------
Further reading reveals that in terms of payment (regardless of written lease or not), there must be a mutual arrangement made by the tenant and landlord as to where payment is made. Here is the extract from this TN statute...
(c) Rent shall be payable without demand at the time and place agreed upon by the parties. Notice is specifically waived upon the nonpayment of rent by the tenant only if such a waiver is provided for in a written rental agreement. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. Upon agreement, rent shall be uniformly apportionable from day to day.
In essence, I am unsure if the scheduled payment constitutes the type of rental agreement. It doesn't seem so, but there might be more to it.
"...rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments...", means from what I can tell, that the 'period' is paid for at the beginning of the 'period', but I assume there needs to be a general agreed upon definition.
Or since there was no written lease(66-28-202a), is it just considered a month-to-month unwritten agreement by default, regardless of the division of payments?
Thank you and looking forward to your replies...
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