Renter breaking lease

[willyk]

Jurisdiction

Tennessee

I have a tenant that leased an RV spot from me at a park I own. He signed a written month to month lease, and paid for the month. 3 days after he signed the lease he sent me a message stating he had moved his camper and no longer wished to rent the property. He is demanding a full refund for the month.
I explained to him that I would attempt to re-lease the spot ... if I got it leased out before the end of the month then I would be willing to send him a pro-rated refund. If I was unable to find another tenant for the property by the end of the month he would not be getting any money back. This infuriated him, now he is threatening to sue me. He has been so unpleasant to deal with that now I have no intention of giving in to his demands, even though the amount of money is small ($300) As I reviewed my lease it does not stipulate how this situation will be handled. I would just like to know if I am handling this the correct way by offering a prorated refund. Thanks! KP

 

[mightymoose]

You are handling it just fine, and he may never follow through with the threats.
Make sure you actually make a legitimate effort to lease the space and can prove it later if necessary.

 

[willyk]

You are handling it just fine, and he may never follow through with the threats.
Make sure you actually make a legitimate effort to lease the space and can prove it later if necessary.

You are handling it just fine, and he may never follow through with the threats.
Make sure you actually make a legitimate effort to lease the space and can prove it later if necessary.

I actually have someone telling me they want the spot, if they follow thru I should have it rented out again by this weekend. I have asked the old tenant several times for an address I can mail his prorated refund to. He is refusing to give me an address because he is saying he won't accept a prorated refund. It really sure what to do if he won't accept the check

 

[adjusterjack]

I would just like to know if I am handling this the correct way by offering a prorated refund.

You are but, from a strictly legal standpoint, he owes you for next month as well.

Tennessee landlord tenant statute 66-28-512

(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.

2016 Tennessee Code :: Title 66 - Property :: Chapter 28 - Uniform Residential Landlord and Tenant Act :: Part 5 - Enforcement and Remedies :: § 66-28-512. Termination of periodic tenancy -- Holdover remedies.

That means his notice on the 3d day would have to have been for the end of the following rental period.

So, let him sue. You'll be able to counter sue for the second month if you can't rent it by then.

He is refusing to give me an address because he is saying he won't accept a prorated refund. It really sure what to do if he won't accept the check

Tell him if he doesn't give you an address, you'll mail it to his last known address (his space at your park) certified return receipt and if it comes back undeliverable you'll be happy to hand it to him in court if he wants to go that route. Evidence of mailing is all you'll need. You can hold the check for a while, or take a photo copy and then void it. You can write him another later.

The guy sounds like he's full of hot air.

Sooner or later I expect he'll accept what you give him rather than get nothing.

 

[willyk]

Thank you so much mightymoose and adjusterjack! Your advice on this matter is greatly appreciated!