Legal Question in Landlord & Tenant Law in Tennessee

I had a verbal agreement with my tennants to pay rent every-other week in the amount of $600. Now they want to switch it to monthly and I told them in doing so the rent would increase to $1300 since I would be missing two bi-weekly payments and that must be figured into the "monthly" equation. In exchange, I agreed to give them that $1200 back to them as a part of their down payment (as an incentive) if they agreed to buy my home within one year. Now they are behind on the rent and even though I have documented to them in writing that anything after 7 days is late, do I have a legal right to ask for late fees and how much notice do I have to give them without a lease to vacate the property if they do not pay-up within 5 days?


Asked on 9/22/10, 10:25 am

1 Answer from Attorneys
Caitlin Moon C2Law

Based on the information you share:

(1) Late fees - to be enforceable in court, you should have a written lease agreement setting out late payment terms, including the amount of any 'late fee' you wish to impose.

(2) Eviction - if the current agreement requires the tenants to pay rent on a monthly basis, then you need to give them one month's notice that they must vacate the property for failure to pay. Give them the notice in writing.

If you're unsuccessful in getting the tenants out, you can file a detainer warrant in the General Sessions Civil Court in the county where the property is located. Through this process, you can get an eviction order as well as a judgment for unpaid rent.

Best of luck.

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Answered on 9/27/10, 11:02 am


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