Tn renter has tenant privacy issues

This is a discussion on Tn renter has tenant privacy issues within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I rented a home that is listed for sale. The realtor entered my home with no notice and took pictures ...

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Old Jan 15th, 2009, 09:32 PM   #1
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Default Tn renter has tenant privacy issues

I rented a home that is listed for sale. The realtor entered my home with no notice and took pictures of the house and my personal items and posted them on the website for the real estate company. I moved out after giving 45 days notice. I was served with breach of contract papers tonight. What are my options. The realtor acted like the landlord and stated that I would be let out of the lease for giving up the deposit. The papers are from the actual property owners not the real estate company that I leased through.
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Old Jan 15th, 2009, 09:46 PM   #2
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Default Re: Tn renter has tenant privacy issues

the realtor may be an authorized agent of the LL but did he specify this in the rent agreement with you?? Even if he did the realtor had no right to tresspass on your privacy or to enter and photograph your house without permission.

It's not clear what you mean you quit after 45 days? What period to quit was specified by agreement ?? Did you serve notice to quit on the LL or you just adjusted your deposit against the 45 days stay without paying rent for that period?
Legally you were bound to serve notice to quit on the LL and then quit in the agreed time, demanding your deposit back or telling the LL to adjust it towards rent.

It seems too late for you to take legal action for tresspass against the realtor at this belated stage,,,,
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Old Jan 16th, 2009, 05:07 PM   #3
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Default Re: Tn renter has tenant privacy issues

TN has no statute requiring prior notice to enter the unit. (But common courtesy would be to give you notice that someone was going to enter.) Still, no law was broken on the entry. I'm not sure about photographing the unit. Since you lived there, it would be hard not to photograph your belongings. Every property that will be listed to an MLS listing is photographed for the listing. You should know this. You certainly knew the house was for sale.

If you had no lease and were a month to month tenant, you could give 30 days notice (for TN) and move out without further obligation. If you were in a lease, you breached your lease when you moved out. If you truley will be released from further obligation by paying a termination fee equal to your deposit, get it in writing from the owner. No LL can simply require you to forfeit your deposit. But if you broke your lease, you owe rent until it is re-rented, advertising fees, utilities if your lease says you pay them (in some areas) agent fees if he pays the RE agent to find a new tenant, and any other unreimbursed expenses. The deposit would be much cheaper. But get it in writing.
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