Atlanta, GA asked in Consumer Law, Real Estate Law and Landlord - Tenant for Tennessee

Q: Can a landlord utilize the security deposit of a tennant's in payment of utility bills in the state of Tennessee?

Although the lease stipulated that the renter (me) would pay for the electric utilities, at no time during the course of the lease (nor the five or so months following its end when I resided on the premises as a month-to-month (leaseless) tenenat) did the landlord broach the subject of the electric/utility bills? At the point of vacating the premises in mid June, the landlord returned the remainder of 1/2 of the month's rent less $100 which were required to clean it. As of today, there's been no sign of the security deposit. What are my rights, if any? Can the landlord claim that he is entitled to use the security deposit as payment for the utility usage? To date (around 6 weeks after leaving the apt.) no accounting of the utility usage/costs have been transmitted by the landlord. In the event, the law is on my/tenant's side wrt to the security deposit having to be returned, can the landlord then turn around and demand payment of the utilities?

1 Lawyer Answer
Bennett James Wills
Bennett James Wills
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: Review the terms of your lease. That may contain the answer. Security deposits can be used for unpaid utilities subject to compliance with the lease and/or the Landlord Tenant Act.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.