If I inherited a farm from my father, can I terminate the existing lease on the land?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I inherited a farm from my father, can I terminate the existing lease on the land?
Asked on August 24, 2012 under Real Estate Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When you inherit property that is being rented or leased out, you inherit it subject to all leases. Therefore, you may not terminate the existing lease except 1) if the tenant gives you good cause (e.g. doesn't pay rent; violates material, or important, lease terms); 2) on 30 days notice if it's a month-to-month tenancy; or 3) as provided for in the lease, if the lease does in fact provide a mechanism for termination. Otherwise, you'll need to wait until the lease term is up--you should not have to renew it at that time.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.