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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: Owner scheduled all windows to be replaced. We will be out of town and do not want anyone in the house.

What are our (tenant) rights? Can we change the locks so landlord cannot gain entry?

Anthony M. Avery
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Anthony M. Avery
answered on Feb 7, 2022

Landlord/Owner has a right to go on leasehold. It is probably in your Lease with a notice provision, which is why they told you. Trying to prevent the landlord's lawful entry will be a breach of contract and grounds for a Detainer Warrant. I would take pictures of everything before I left.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I’ve leased for 3 years and just renewed my lease. Do I have the right to ask and or receive new carpet/flooring/ paint
Anthony M. Avery
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Anthony M. Avery
answered on Feb 2, 2022

You have no right but you can ask the landlord/owner to replace wore out fixtures.

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: does Tennessee have any laws on tenant contact with former resident about security deposit? It’s been over 30 days

Since I moved out. And they just called me saying the damages went over my 850 security deposit and I owe them $250.

Anthony M. Avery
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Anthony M. Avery
answered on Dec 23, 2021

SOL of property torts is 3 years. So the owner has plenty of time to sue you for damages. I would think they would keep your security deposit and forget about the rest. But if they serve you with a Civil Warrant, go to Court and deny any such damages.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord throw me out after a 14 day notice to quit, or do we go to court?

She's threatening to come with sheriff tomorrow, the 14th day.

Anthony M. Avery
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Anthony M. Avery
answered on Dec 15, 2021

Have you been served with a Detainer Warrant? Have you went to Court and the Judge granted the owner's request for possession? If not, then the Detainer Process has not been completed. If so, then after the time for an appeal expires, a Writ of Possession can be executed which physically... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is a renter allowed to ask a tenant to move out even tho the tenant has done nothing wrong?

I live in a mobile home. My landlord, whose name is on the land, passed away in April. We had a verbal agreement, with his brother as a witness, that said I am allowed to live here as long as I wish and said on multiple occasions that his daughters will honor that if anything happens. I have been a... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Nov 30, 2021

Yes the owners can recover possession. A Detainer Warrant is the usual method, but there are others. Your oral agreement is not enforceable past a month. You should have expected this.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Renting but can I refuse an agent entry to the property tomorrow while I am at work and I have a dog. Just now notified.

I have a large dog and no way to make arrangements while I am work tomorrow. I told this to the property manager and her response was she only has to give 24 hours notice.

Bennett James Wills
Bennett James Wills
answered on Nov 29, 2021

Look at the terms of your lease. Typically, 24 hours is sufficient notice.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Someone is living in our house, not paying rent or utilities, can we enter the home

This is in lawrence county tennessee

Anthony M. Avery
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Anthony M. Avery
answered on Nov 10, 2021

If you are the titled owner, you can break the door down. But do not get in a fight, or you will be arrested and the occupant will have leverage. Hire an attorney to file a Detainer Warrant For Possession Only immediately.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I got a detainer warrant, is it basically too late to try to pay what I owe to stop the eviction process?
Anthony M. Avery
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Anthony M. Avery
answered on Oct 25, 2021

You can talk to your landlord and try to settle the rent problem. But he might take the money, then continue the Detainer litigation. It may be best to look elsewhere for housing, as he may already have a new renter with money. It will take some time to actually remove you from the property.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: 9 days late on rent. No waiver clause in lease not sure what that means
Anthony M. Avery
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Anthony M. Avery
answered on Oct 13, 2021

Not sure of your question. But it sounds like you have breached the Lease Contract by paying late, for which there may not be a late payment penalty or waiver of timely payments.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have a tenant who is currently moving out, and has refused to pay their last months rent. Is there anything I can do?

The tenant has stayed in one of my spare rooms, paying on a month to month basis. The tenant has stayed for 9 months.No written rental agreement was made, but a verbal agreement was made. The tenant is moving out currently, but refuses to pay for rent in September. Is there anything I can legally... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 11, 2021

You can file a Detainer Warrant for both Possession and Back Due Rent. You will probably get a Judgment, but you may not be able to collect it. It helps if you know where he works and banks.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Tennessee on
Q: How was I charged with vandalism at my former residence after moving, what was the purpose of my $1000 deposit?

Paid $800 deposit plus $200 for pet. The warrant said a broken window, already broken, missing shelves and closet rods, and damage to cabinets. There was only 1 closet rod when I moved in, and the drawer was taped in 1 cabinet because it kept falling apart. That being said, I'm confused as to... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 6, 2021

You need an attorney to represent you to prove Restitution has already been made.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I was given an eviction notice and I am out before the 7 days what will happen?
Anthony M. Avery
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Anthony M. Avery
answered on Oct 1, 2021

What is your question? You have given up possession, so no Detainer Warrant. The owner might sue you for rent due or damages, but it may be hard to serve you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Moved before writ of possession, went to get rest of my things, landlord was stealing my things, is this lega
Anthony M. Avery
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Anthony M. Avery
answered on Sep 14, 2021

It may have been Conversion. But it was definitely Criminal Trespassing for you to go back there.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How to file adverse possession in tn
Anthony M. Avery
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Anthony M. Avery
answered on Sep 14, 2021

You do not "file" for adverse possession. If you are serious, then hire a very competent attorney who actually conducts real property litigation (not closings), and pay him alot of money for advice what to do for the next several years.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can a landlord hand you a hand written 30 day eviction notice or does it have to be court ordered?

She handed me a hand written notice of my rent going up. I said Asked for a new lease with the new rent amount she brought back a hand written eviction notice

Anthony M. Avery
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Anthony M. Avery
answered on Sep 7, 2021

Even if the Notice does not comport with the Lease Contract, it does not amount to much. Ultimately you will be served with the Detainer Warrant which is itself notice to quit by Statute.

1 Answer | Asked in Landlord - Tenant, Criminal Law, Civil Litigation and Constitutional Law for Tennessee on
Q: Can my landlords brother enter my residence without notice after I told them not to enter via text cause I wasn’t there?

I have it in writing via text, I said do not enter my residence without me being present. Now I have a valuable coin collection missing along with several hundred dollars

Cayley Turrin
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Cayley Turrin
answered on Aug 16, 2021

I would call the police and report this.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: can a landlord of apartments do an eviction in tennessee without an attorney?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 9, 2021

The Detainer Warrant is filed by the Owner as plaintiff, but the property manager can be the witness to the lease contract breach. You can argue to the Judge that the landlord lacks standing to file the Detainer, but the Court might ignore you, or the owner then just files suit and serves you in... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a tenant agree to do ALL maintenance and repairs for a reduced rent?
Anthony M. Avery
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Anthony M. Avery
answered on Aug 2, 2021

Sure, but modify your Lease in writing. Execute duplicate originals.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord towed my car to pave, car in perfect condition, notice was given only 2 days prior, can I sue them?

Car in my name, lease is also in my name, tow company recked car, and I took pictures and videos to prove that, the reason why I did not remove the car is that I was not in town for 10 days. I found out about the notice and the whole incident when I came back.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 26, 2021

Yes you should be able to sue the landlord and his agent, the tow company, for tort damages to property and possibly conversion. But you will need witnesses that will testify to the towing, which will be tough. Damages really need an expert about the car's pre-tort value. General... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord legally sue me?

I was unable to reach my landlord and it was day 33 of having emergent safety concerns submitted to maintenance. (Window fell out of wall, breaker was sparking/blowing, floor caved in, no smoke detectors/sprinklers/extinguishers, and they building failed building and code inspection) I sent my 60... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 13, 2021

Yes you can be sued. Be prepared to testify that you did not cause damages and possession has been returned. Expect a continuance and you may want to hire an attorney.

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