Do I have to give 14 days notice to a renter who has not paid rent for over 2 months?

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Do I have to give 14 days notice to a renter who has not paid rent for over 2 months?

I have a tenant who has not paid rent in 2 months, almost 3. He signed a lease agreement with me that states, “For any noncompliance due to the failure to pay rent when due, landlord may immediately terminate tenant’s right to use and occupy the premises, and landlord shall provide tenant with at least one (1) day written notice to vacate. tenant shall vacate the premises within the timeframe provided in the notice to vacate. As authorized under the uniform residential landlord and tenant act 66-28-505(b), tenant specifically waives tenant’s right to notice of nonpayment of rent by landlord.” Because of this being stated in the lease agreement, do i still have to give 14 days notice?

Asked on August 23, 2012 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

To be on the safe side, I suggest that you serve this tenant with a written thirty (30) day notice of termination of his or her lease drafted by a landlord tenant attorney. The rationale is that I prefer to give a problem tenant more as opposed to less time per statute to vacate. The reason is that the laws of many states in this country are drafted to protect the tenant as opposed to the landlord in my opinion.


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