If you have used TAR Form “F58 – Residential Lease Agreement” between January 1, 2012 and April 16, 2012, you MAY need to use a new form entitled “F58a – Amendment to Agreement“. A typo was discovered this year that stripped out mandated text formatting per:
Tennessee Code Annotated, Section 66-28-505 (b) Notwithstanding subsection (a), if the tenant waives any notice required by this section, the landlord may proceed to file a detainer warrant immediately upon breach of the agreement for failure to pay rent without the landlord providing notice of such breach to the tenant; provided, however, this subsection (b) shall not reduce the tenant’s grace period as provided in § 66-28- 201. The tenant’s waiver pursuant to this subsection (b) shall beset out in twelve (12) point bold font or larger in the rental agreement.
The law is quite clear…it must be in 12 point bold font or larger. Therefore, agents will need to amend the lease agreement with the correction mentioned above (see new TAR form F58a). Otherwise, the landlord will be required to give notice of the breach (specifically listing the reasons) and that the lease is subject to termination. Then, the tenant has 14 days to correct the breach. If the tenant does not correct the breach in those 14 days, then the landlord can terminate the lease no less than 30 days after the receipt of the original notice.
With the bolded language, no notice is required and the Landlord can simply move to terminate the lease.
NOTE: Both TransactionDesk™ and Forms on the Fly™ have been updated and TAR Form F58a is available for your immediate use.
We apologize for the inconvenience this may have caused. If you have further questions please contact the TAR Legal Hotline: