Automatic lease renewal

[The_Truth]

I am renting an apartment in which I signed a lease in september 2004 that states the lease automatically renews. I am in the process of buying a home now and plan on moving this month. I gave my landlord a 30 day notice on April 24th. I asked would I be prorated for the May rent until May 24th. She said that I would not, she says that it sates in the lease that everything is from the first of the month. I would be o.k. with this if it were, first true, second, if she didn't charge me prorated rent when I moved in september 24th. Is it legal for her to charge prorated rent upon moving in and not prorate my rent upon moving out? She also states that she was doing me a favor by not charging me the 2 month fine associated with breaking the lease early. This is in the lease but it specifically states during the first term of the lease if the tenant breaks the lease during the first 6 months the tenant would be responsible for the remainder. After 6 months, still during the first term is when the 2 month penalty occurs. The lease does not say anything about breaking the lease early during additional terms.

I've heard that automatic lease renewals are not enforced in some areas, I am in Tennessee, do I have a leg to stand on?

[Mr. Knowitall]

I don't see anything in Tennessee law which would prevent automatic renewal, but if the landlord is treating the tenancy as a month-to-month tenancy anyway what difference would that make?

Tennessee Code Section 66-28-512(b) provides "The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice." So the legal effect of your notice would seem to be to terminate your tenancy at the end of the May rental period.

Why would you think that your landlord's prorating your rent upon your moving in (something you obviously would have demanded of any landlord) would obligate her to prorate your rent when you move out? Would you have paid a full month's rent for your first week in the apartment, had she asked?

[The_Truth]

I would not have paid a full months rent for a week of occupancy. I expected the september rent to be prorated, I would not expect to live in an apartment for a week for free. When I initially asked my landlord about the prorated rent she told me that she did not charge me for that week. I told her that I have the reciept (which I do), she then told me that was a courtesy that they do to allow the tenants to catch up to the first of the month payment cycle. I really have no problems with that. I do have a problem with her telling me she did not charge me and she did, and when I tell her I have proof the story changes. Either you prorate or you don't. When I moved in this lady was as much a stranger to me as she is to you, why would she just extend that "courtesy" to me and no one else?

You asked why do I think my rent should be prorated. Lets say I pay a full months rent for May, and someone else moves in on the 24th and she charges them prorated rent for May, she is then being paid twice for the same week. By giving a 30 day notice and moving out on the 11th my landlord has ample time to find a replacement tenant. By prorating the rent for both me and the new tenant she is not losing anything. Again, either you prorate or you don't, not when it is convenient to you.

Also, this is not the first apartment I have lived in, all of which I have left in good standing and with on time payment history. Upon leaving the other apartments I was returned the rent in which I paid and no longer occupied the room.

All I was expecting from my landlord when I asked the prorating question was a good explanation. Had she given me one I would have been fine, instead she told me "thats just the way it is". She could not refer to the lease because it does not talk about it, she could not give me any reason why not.