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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the difference between normal wear and tear and damage when renting

I recently moved out of an apartment and the landlord is trying to keep majority of the security deposit based off “damage” however it’s just a couple of scratches on the walls where furniture caused friction.

James L. Arrasmith
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answered on Mar 31, 2024

The difference between normal wear and tear and damage is an important distinction when it comes to renting an apartment and determining what costs, if any, should be deducted from a security deposit.

Normal Wear and Tear:

- Occurs naturally over time as the result of normal,...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My hoarder ex-girlfriend moved out of my TN house-there's no lease. She won't get her things. What can I do?

The home is my grandmother's, who moved into a smaller home. We lived there together for 4 years; no lease-no rent. She has moved out but left all her tubs, boxes, and stuff that fills the rooms from floor to ceiling. This was a big reason why we split up. She demands-with no notice-I cancel... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Tennessee, if your ex-girlfriend lived in the house for an extended period and kept her belongings there, she might be considered a tenant at will, despite not having a formal lease or paying rent. However, since she has moved out, you can take steps to address the situation:

1. Written...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Was this legal or do i have any grounds for a lawsuit? There is more of what happened to me as well.

I don't have a lease and paid weekly. And got behind on rent. In november 2022 i was served a detainer warrant had no prior notice before. Went to court landlord was awarded possession but let us stay. In May 2023 we got behind again and on a tuesday the landlord came and knocked and said the... View More

James L. Arrasmith
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answered on Mar 26, 2024

Your situation involves several legal matters, and while I can offer some guidance, it's important to consult a legal professional for personalized advice. The legality of the eviction and the actions taken by the landlord and the process server depend on your local jurisdiction's laws... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: I bought my lease out and the apartment owners are coming after me for more money. What can I do?

They have went as far as collections and 2 collection agency's are now on my credit report

James L. Arrasmith
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answered on Mar 26, 2024

If you believe you've fulfilled all financial obligations under your lease agreement, including buying out your lease, it's crucial to address this matter to avoid further damage to your credit. First, gather all documentation related to your lease buyout, payments made, and any... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: Can my apartment neighbor place a camera in a building fixture pointing at my door?

I have neighbors that are not directly across from or next to me that removed a light that is attached to the apartment building to install a camera. The camera faces my door and can record inside the entrance of my apartment and also follows my movement as I walk to and from my door. I do not... View More

James L. Arrasmith
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answered on Mar 24, 2024

In Davidson County, Tennessee, as in many places, the legality of placing a camera that records a neighbor’s door can be complicated. Typically, it's legal to install security cameras in common areas of apartment buildings, but there should be a reasonable expectation of privacy. If the... View More

2 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord search an apartment?
James L. Arrasmith
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answered on Mar 30, 2024

Absolutely, understanding your rights and the boundaries within which landlords operate is crucial. Typically, landlords can enter an apartment under specific circumstances, such as for repairs, inspections, or in emergencies, but this often requires giving you notice beforehand. The exact rules... View More

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2 Answers | Asked in Immigration Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: A family friend signed a house loan for us now we want to sell the house but he wants 50% of the money.

I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More

James L. Arrasmith
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answered on Mar 7, 2024

I understand this is a difficult and stressful situation. Based on the information you've provided, here are a few important points to consider:

1. Legal ownership: If the house is legally under your friend's name, they are the legal owner of the property, even if you have made...
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2 Answers | Asked in Immigration Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: A family friend signed a house loan for us now we want to sell the house but he wants 50% of the money.

I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More

Anthony M. Avery
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answered on Mar 7, 2024

You will have to hire a TN attorney now to sue for a Resulting Trust, Notice Lis Pendens, and a TRO in Chancery. A Bond will have to be made to stop the sale pending litigation. You will have to put on evidence of your payments. It will be difficult and expensive. Otherwise you lose... View More

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In memphis,tn if a writ of possession for eviction is withdrawn can another writ of possession between 4 days happen

On my case file it says a writ of possession for eviction was withdrawn on the 18th but another one was filed on the 22nd and took place by only a private process server and the landlord no officers were there.

T. Augustus Claus
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answered on Feb 6, 2024

In Memphis, Tennessee, if a writ of possession for eviction is withdrawn, it is legally permissible for another writ of possession to be filed shortly thereafter, as occurred in your case from the 18th to the 22nd. The issuance of a writ of possession is part of the legal process that allows a... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord violated penalty of perjury with notice.

My landlord's daughter said she mailed us a 30 day notice to leave the premises because she has to repair it and we have no lease, we have a lease from her father when we first moved in years ago. All she did was text us "Consider this your 30 day notice" and today, 2 weeks later,... View More

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answered on Feb 2, 2024

In Tennessee, landlords are typically required to provide tenants with proper notice before initiating eviction proceedings or terminating a lease. The notice must comply with state laws and the terms of the lease agreement, if applicable. While a text message may serve as informal notice, a... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Tennessee on
Q: What are my rights as a tenant in TN?

Our apartment flooded due to an external pipe busting. Our property manager is not handling the situation well. Our walls have water damage that is not being treated properly. What can we do?

James L. Arrasmith
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answered on Jan 21, 2024

As a tenant in Tennessee, you have specific rights and protections under state law. When your apartment experiences flooding and your property manager is not adequately addressing the situation, there are steps you can take to protect your rights and seek resolution.

Firstly, notify your...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Rent the house I own in TN and my living situation finds me needing to move back in my house. Can I give 90 day notice

I want to give renter 90 day notice and break the lease. Can I legally do that?

Anthony M. Avery
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answered on Jan 9, 2024

That will almost certainly a breach of the lease contract. Have you read the termination terms of your lease? Depending on the County where you rent, there may be a small amount of leverage with a security deposit if one was given. You might leave and take the chance of being sued. However... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: My landlord passed away. I've been living there for going on 3 years. His kids are his beneficiaries and they just stole

Stole my stuff and changed the locks what do I do

James L. Arrasmith
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answered on Jan 8, 2024

I'm sorry to hear about your situation. It's important to know that as a tenant, you have rights that must be respected, even in the event of a landlord's passing.

First, if your belongings were taken and the locks changed without proper notice, this could be considered...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hi. I am a month late on rent can I still pay the rent to avoid being evicted?
T. Augustus Claus
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answered on Dec 28, 2023

If you're facing a situation where you're behind on rent, it's generally advisable to communicate with your landlord as soon as possible. Explain your circumstances, express your commitment to catching up on rent, and inquire if there are any possible arrangements or grace periods... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my deceased landlords brother sell the rental house that i rent if his name is not legally recorded as the new owner
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answered on Dec 22, 2023

Any heir is a tenant in common and has authority to sell their interest. There may be a Probate Action also which gives the fiduciary standing sometimes. The title is not your concern as you only have possession unless a Detainer is filed.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I sue my landlord for not getting rid of cockroaches??

I’ve complained a few times and they have failed to get rid of this issue. As a result of this my daughter ended up with a cockroach in her ear.

T. Augustus Claus
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answered on Dec 20, 2023

Yes, you may have grounds to sue your landlord in Tennessee if they have failed to address a persistent cockroach infestation despite your complaints. The presence of pests impacting your living conditions is a violation of the landlord's responsibility to provide habitable premises. The... View More

2 Answers | Asked in Criminal Law and Landlord - Tenant for Tennessee on
Q: State of TN tenant pull loaded gun and aims the weapon at property owner and owners minor Son, whom was only 8 yrs old

At the time , tenant pointed the loaded weapon at property owner and then owners minor Son. All the while, having her finger on the trigger

James L. Arrasmith
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answered on Nov 24, 2023

In Tennessee, the situation you described is extremely serious and could lead to criminal charges for aggravated assault, especially since a minor was involved. Aggravated assault in Tennessee is defined as intentionally or knowingly causing another to fear imminent bodily injury with a deadly... View More

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1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: Can I get a restraining order on a roommate that has audio recorded me?

Roommate has hidden a device and left that device without my knowledge that I just found and has been recording my conversations with my fiance. My roommate has not been part of those conversations due to private verbage that should only be heard by my fiance or myself. In Tennessee a one consent... View More

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answered on Nov 8, 2023

If your roommate recorded conversations in a one-party consent state like Tennessee, it generally means they can legally record a conversation to which they are a party without the other party's consent. However, if they were not a part of the conversation and secretly recorded private... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: New owner trying to raise rent by $164 for repair that should have been done by previous owner/ maintenance.

Notice states: reasons for request on rent increase is (1) repair(s) and (2) new owners.

Can they increase my lease which is from 8/1/23 to 7/31/24? Given 60 days before rent increase. I NEED HELP PLEASE.

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answered on Nov 7, 2023

In Tennessee, landlords cannot raise the rent during the middle of a lease's fixed term (unless stated otherwise in the lease agreement). Therefore, your landlord cannot raise your rent by $164 for repairs that should have been done by the previous owner/maintenance unless your lease agreement... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord asked me to pay 2700$ which includes by 500$ deposit after I vacated the apartment.

Landlord asked me to pay 2700$ which includes by 500$ deposit after I vacated the apartment. The management gave an itemized bill made by them. As it is a lot of money and I dont trust the management that well as they have lied to me before about some other issues which happened in past months.... View More

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answered on Oct 23, 2023

In Tennessee, if a landlord makes a claim on a tenant's security deposit, the landlord must give the tenant a written notice detailing the reason for retaining any portion of the deposit. While the statute does not expressly require landlords to provide copies of actual repair bills, asking... View More

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