Question about Notice to Vacate clause

[titansfan1234]

What is the name of your state (only U.S. law)? TN

In Tennessee, I'm updating the lease I have new tenants sign and saw this clause in other leases in the state. Could someone please explain this clause to me?
"For any noncompliance due to the failure to pay rent when due, Landlord may immediately terminate Tenant’s right to use and to occupy the Premises, and Landlord shall provide Tenant with at least one (1) day written Notice to Vacate. Tenant shall vacate the Premises within the timeframe provided in the Notice to Vacate."
Does this mean they have 1 day to move? I'm confused.

 

[OHRoadwarrior]

TN has specific laws that apply relative to the location of the property. You need to follow those laws.

 

[sandyclaus]

What is the name of your state (only U.S. law)? TN

In Tennessee, I'm updating the lease I have new tenants sign and saw this clause in other leases in the state. Could someone please explain this clause to me?
"For any noncompliance due to the failure to pay rent when due, Landlord may immediately terminate Tenant’s right to use and to occupy the Premises, and Landlord shall provide Tenant with at least one (1) day written Notice to Vacate. Tenant shall vacate the Premises within the timeframe provided in the Notice to Vacate."
Does this mean they have 1 day to move? I'm confused.

Tennessee LL/T laws are one of the few that allow a LL to include a clause in their lease/rental agreement that allows for a waiver of notice for nonpayment of rent. Under the Tennessee "Uniform Residential Landlord and Tenant Act", it states:

66-28-201. Terms and conditions.
(a) The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by
this chapter or other rule of law including rent, term of the agreement, and other provisions governing the
rights and obligations of parties. A rental agreement cannot provide that the tenant agrees to waive or
forego rights or remedies under this chapter. The landlord or the landlord's agent shall advise in writing
that the landlord is not responsible for, and will not provide, fire or casualty insurance for the tenant's
personal property.
(b) In absence of a lease agreement, the tenant shall pay the reasonable value for the use and occupancy
of the dwelling unit.
(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.

The only thing that waives is NOTICE. Even then, only a court can issue an order which requires the tenant to vacate the premises. If a tenant fails to voluntarily vacate, that waiver of notice only allows you to go to court sooner to obtain that order.

 

[titansfan1234]

Thank you for the replies.