When can a tenant be sued for a late rent payment?

Rent is due on the 1st and late by the 5th. Does the property manager have the right to serve the tenant with notice of all money due for the current month with a court date next week, and an attached envelope with a typed letter to vavcate today.

Asked on September 13, 2012 under Real Estate Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Custom and practice in the rental industry is that when a tenant is late with rent which is a material breach of the rental agreement under the laws of all states in this country, the landlord can either serve the tenant with a three day notice to pay rent or a thirty day notice of termination of the lease depending upon what the landlord wants to do.

If the three day option is decided and the tenant does not pay the rent in the time period, then the landlord typically files an unlawful detainer action against the tenant.

If the thirty day termination route is the course, then if the tenant does not vacate in the thirty day time period, the landlord files an unlawful detainer action against the tenant.

Given what you have written, I suggest that you consult with a landlord tenant attorney about your situation.

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