[mgathompson]

My husband and I signed a year lease three months ago. We are currently living in Tennesee. The lease is 20 pages in length with numerous addendums etc. etc. It appears "iron clad". I have two questions, if you answer please consider the state I live in with your reply.

1. The maintenance people entered our apartment for two days in a row. We knew someone had been in our home, but couldn't prove it or otherwise. Upon speaking to the lady who lives below us we managed to put it all together. We called the office, they denied it at first, but then called back to say that they were indeed in our home. No mention of why, but said that they "forgot" to leave us a notice, call us or otherwise to let us know that they would be entering the premises or had been there at all. I saved those phone messages. The reason we think they were there is because the lady downstairs had a leak in her bathroom wall. However, the rental agent leaving the message stated the maintenance men entering our apartment had nothing to do with that issue? This highly upset us as we have pets, this is an "upscale" community, and we feel definitely that our privacy was invaded. Is this legal... and a simple "so sorry" will suffice? It has definitely made us feel insecure as to whether they would enter at any time and we would never know?

2. Since all of this happening we have considered moving... but, in Tennesee what is the law regarding re-rental etc. and our responsibility regarding the remainder of the lease? I know laws elsewhere govern that we are only responsible until the unit is re-rented and that the property company cannot "double-dip". But how much notice is required by law? A month, two months and what will we be responsible for? Can the above mentioned question have any "legal" barring on our desire to move?

Thanks!

[excon]

Hello m:

I think you understand your rights under the law pretty good, in terms of your responsibility. However, you're BREAKING the lease, and there's no lawful way to do that. Therefore, notice isn't an issue.

Just break it and move. Do it in writing, return receipt requested. ABSOLUTELY tell them why. Although, it's a stretch, you could claim that THEY breached the lease (and they DID), and you are just responding to their breach. If YOU'RE sued, you might win. AND, if you want to sue, you might win too.

Clean the place immaculately, and schedule a walkthrough with the landlord. If they don't come, video tape your walkthrough HOLDING that day's newspaper and its date clearly visible. Keep your eyes on the landlord to see that he attempts to re-rent it asap.

excon