Legal Question in Landlord & Tenant Law in Tennessee

Is there a 24 hour grace period where you can break a lease if you find things t

I signed a lease for an apartment that appeared clean upon my first viewing. I went during the daytime the next day to find the carpet was much dirtier than I saw the night before, the toilet and shower was disgusting, and there were cockroaches in the refrigerator. I called the landlord and he was out of town. His son answered the phone for him and said he would get the maintenance man to fix the problems. I said that I really wasn't happy with the property and would just like to nullify the lease. I offered to pay an application fee for his trouble and have not heard from him since. I have not moved anything into the property, cancelled my down payment check, and notified the landlord within 24 hours of signing the lease. Do I have any rights in a situation like this?


Asked on 10/06/04, 11:03 am

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Is there a 24 hour grace period where you can break a lease if you find thin

Most leases do *not* contain a recission clause, unlike the purchase of real property which sometimes do. Although you technically are in breach of the lease contract, you have done the right thing. In order for the landlord to sue you for breach, he will have to prove damages. His only damages would occur if he turned down another renter based on the fact that you signed a lease. However, there is such quick turnaround here, that he surely could contact any third party renter the day later. I hope and suspect this will all pass without any lawsuit. If he does sound like he is going to sue, you can tell him that you will have to report him to the city code enforcement office for renting out one or more roach-infested apartments.

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Answered on 10/07/04, 12:25 pm


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