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Questions Answered by Bennett James Wills
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the law on tn rentals reguarding 2nd late fee then unpaid rent- an the time frame to terminate tenacy..?

If i i have a tenant an within 2 months-a late payment fee -after 5 day grace period ,was issued an it is the 1st time ....an the 14 day pay or quit was given. ...then they paid that......

AN a few months later -missed payment 1 of 2 per month -an they promised to pay it all on next... Read more »

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

Depends on what your lease says and whether you are accepting payments with or without reservation. But you can't evict someone without filing a detainer summons and getting an order of possession.

1 Answer | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: If my LLC doesn't have an operating agreement and a member decides to leave do they owe the company for any debt?

A member has decided, of their own will, to leave the LLC. The LLC is in debt and doesn't have an operating agreement. Does the withdrawing member owe any money to the LLC as buying themselves out?

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

Depends on the debt. Are they personally obligated? Is the business just in debt? Or does it have a positive fair market value? Typically, without an operating agreement, when a member quits the LLC pays fair market under TCA 48-249-505. But there are other considerations as well. Consult counsel... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: What are the realistic repercussions of ignoring a debtors examination subpoena?

(Please don't tell me I need to hire a lawyer). This is for a silly debtors examination that is 4 counties and 100 miles away and I have already submitted written answers. I can't imagine they will "chase" me down over this in another county? What typically happens in a case like this?

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

The next possible steps are a show cause and then a body attached (arrest warrant). Depends on how aggressive the creditor wants to get.

2 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Is there a online detainer warrant I can fill out?

The attorney I met with was going to represent me with the unlawful way my landlord how just acquired this property back in May and he's threatened me twice and on Decemeber 20th 2022 I recieved a notice to terminate my month ti month lease

He told me I could fill one out online but... Read more »

Bennett James Wills
Bennett James Wills
answered on Jan 23, 2023

https://www.tncourts.gov/administration/judicial-resources/forms-documents/court-forms

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1 Answer | Asked in Criminal Law for Tennessee on
Q: What can I do if my Lawyer is not doing his job representing me? Next what are the steps I can take to get a new Lawyer?
Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

Assuming its a private lawyer, you just hire a new one to take over. If it's the public defender, it's a bit more difficult.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can aggravate assault be the underlying felony for felony murder if it was did in one act?

I shot a man and was found not guilty of malice murder but guilty of felony murder but, the underlying felony was aggravated assault, which was of the same act.

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

Two different crimes but the assault would be the basis for the felony murder. The two would merge for sentencing purposes.

1 Answer | Asked in Child Support for Tennessee on
Q: My ex husband is refusing to give me a copy of his W2 per the court order in our divorce decree. What should I do?

Live in Tennessee. Divorced in 2016 with 2 kids and have never received a copy of his W2’s from him. Since 2016 he is no longer covering our sons daycare as he is in school (my lawyer said when he was out of daycare to go to court for a readjustment in child support but haven’t yet and my son... Read more »

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

You can enforce court orders through contempt petitions. You can seek to modify orders through motions for modification. Both can be tricky to navigate without counsel. Maybe check with legal aid to see if you qualify for help if you can't afford a lawyer.

1 Answer | Asked in Estate Planning, Divorce and Real Estate Law for Tennessee on
Q: Mother bought house when her husband was in nursing home rehab. She paid cash from inheritance money.

This is the house she and her husband live in. Can she sell the house, he is not on the deed. This is in Tennessee

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

From your limited facts, I don't see why not. If she's solely on the deed, she could convey it. If there's a pending divorce, the situation would be different. Consult local counsel to address any concerns you may have.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I evict tenants if they have a lease but I want to move into the property?

I am wanting to purchase a home in Nashville, TN that is currently occupied by tenants. Do I have to let them stay until their lease is up? Or can I evict them if I intend to move into the property?

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

A buyer of an occupied property typically purchases subject to the lease. Which means you need to honor the lease terms. However, in some leases, there is a termination on sale clause, which also means the lease terminates when the property is sold. Other times, certain conditions can be negotiated... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: How to change the last name of my 5yr old. She has my ex husbands last name but he is not the biological father

Needing to change the last name of my 5 ur old daughter. She has my ex husbands last name but he is not the biological father. No father is listed on her birth certificate. How do I go about getting this done?

Bennett James Wills
Bennett James Wills
answered on Jan 11, 2023

In Tennessee you would file a petition with the chancery court in the appropriate county and serve notice on any interested party. Typically, the chancery court clerks have forms you can fill out; but not always. Contact the clerk in your county to see if they have forms. Or consult counsel to... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hello!! If my tenant moved out early, am I still entitled to last month's rent?

My tenant signed a lease until January 14, 2023, but she moved out on December 31, 2022. She paid first and last month's rent, plus a security deposit when she moved in. Is she entitled to any money back since she didn't live there in January?

Bennett James Wills
Bennett James Wills
answered on Jan 9, 2023

You are entitled to rent through the term of the lease, unless the lease states otherwise. Leaving early is typically considered abandonment.

2 Answers | Asked in Civil Litigation, Small Claims and Collections for Tennessee on
Q: I need information for filing a lawsuit against an individual for money owed.

I paid for legal services with a credit card for an individual with the agreement being that said individual would pay the payments. Now this person refuses to pay.

Bennett James Wills
Bennett James Wills
answered on Jan 3, 2023

Depending on the amount owed, this would probably be a small claim in general sessions court. There are civil warrants available online that you can fill out and file with the clerk's office at the county courthouse. A clerk can also walk you through how to complete the paperwork. Although,... Read more »

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1 Answer | Asked in Civil Rights for Tennessee on
Q: I live in Tennessee. I was not home and my neighbor called the police because he said my door was wide open.

The police went into my home to search for a suspect but I did not give them consent to do so. My landlord wasn’t able to provide them my phone number. Is this illegal?

Bennett James Wills
Bennett James Wills
answered on Dec 19, 2022

Maybe. Police may enter a home under several exceptions to needing a warrant - two that may apply here are the exigent circumstances exception (searching for a suspect) or the community care taking exception (such as a welfare check).

2 Answers | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Are there legal provisions that allow an owner of a shared, inherited property to sell his/her share?

My siblings and I inherited riverfront property which I don't use. My siblings, who along with their kids use the property, won't buy me out. I don't want my kids to inherit the 'problem' and am looking for a way to solve the situation. Can I trigger a market sell? Or some other action?

Bennett James Wills
Bennett James Wills
answered on Dec 14, 2022

You can force a sale (or buy out) through a partition action with the courts.

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1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: How does the respondent pay for court costs in TCA-36-3-617 and what happens if they don’t pay
Bennett James Wills
Bennett James Wills
answered on Dec 14, 2022

Costs are paid to the clerk's office. Failure to pay could result in further penalties.

1 Answer | Asked in Family Law for Tennessee on
Q: My wife is keeping my daughter from me we're separated but in good terms and she won't let me see her or talk to her.

She lives in her parents basement with her now boyfriend and her parents won't let me see her either. I did nothing to her or her parents for this to happen. Her boyfriend has brain washed her. Whats my rights

Bennett James Wills
Bennett James Wills
answered on Dec 14, 2022

Sounds like its time to file for divorce, custody, and visitation. Seek a local attorney to assist you with the process.

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Is there a list of requirements to ensure a tire/car detail shop is up to code?

I am looking to open up a car detail/ tire shop and want to ensure I am not in any violations when looking for a location.

Bennett James Wills
Bennett James Wills
answered on Dec 14, 2022

There's not so much a list but various items you may want to look at - for example, codes and zoning. Make sure where you open up shop, you are permitted to operate. Then you'd want to check the environmental laws on disposal of tires and fluids. And then other statutes like the consumer... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have a commercial tenant who sent their rent in by USPS and apparently was lost. Would this constitute a breach?

If their lease is due on the 1st and late on the 5th by The US post office losing their check would this constitute a breach of their lease?

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2022

Check the terms of your lease - but typically rent is paid when you receive it. Not when the tenant puts it in the mailbox.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord serve a mailed eviction letter if my rent is only 14 days late?

Sent a letter stating I need to vacate the property my 12-1-22 because I am within this month late on rent. Due 11-1 and have a 5 days Grace period. Is this legal without a 14 day notice to cure?

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2022

Look at your lease. Often there are provisions in the lease that you have waived notice for non-payment of rent. If you didn't pay in the grace period, then the notice may well be proper.

1 Answer | Asked in Divorce for Tennessee on
Q: Does the agreement need to explicitly say my spouse will split the equity with me? It only states he will refinance.

We are filing a no-contest divorce and he is supposed to obtain the house and split the equity with me, but the documents only say he will refinance and I will sign a quitclaim deed. Does the paperwork need to specify that he will give me these monies and at what percent or is that implied given it... Read more »

Bennett James Wills
Bennett James Wills
answered on Nov 15, 2022

It's always recommended that documents be as specific as possible.

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