Legal Question in Real Estate Law in Tennessee
Forfieture of deposit & additional rent.
At the termination of occupancy from a renewable lease that had expired and been on a month to month basis can the landlord demand an additional months rent and refuse to return my security deposit when in fact no damge beyond normal "wear and tear" exists?
The landlord was given notice that I would vacating the premises in 30 days. I have filed suit in small claims court for the deposit and the additional months rent.
1 Answer from Attorneys
Re: Forfieture of deposit & additional rent.
I presume that you are discussing a residential as opposed to a commercial lease. If so, absent some specific terms in a written lease (which you say you have gone on a month to month arrangement so unless the OLD lease had some term preserved by its terms) the LL owes you the months rent and full refund of your deposit, again assuming that he/she has not identified and itemized damage for which you are responsible.
Sean Scally
Sean Scally, Attorney-at-Law
6053 Bradford Hills Drive
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