Union, NJ asked in Landlord - Tenant for Tennessee

Q: Hello, my name is Pam. I have a rental property in Tennessee the tenant has vacated the property without proper notice.

The tenant in my property in Tennessee did not give the proper notice they did not give 30 days. They are requesting I keep the security deposit. I was in touch with the tenant we did a walk-through on April 2 and there was damage. I have receipts showing the cost of damage and it overrides their thousand dollar deposit. Do they still get their deposit? Thank you

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2 Lawyer Answers
Bennett James Wills
Bennett James Wills
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: A security deposit is intended to cover unpaid rents and damage when a tenant vacates. If the security deposit does not cover the damange/unpaid rent, the recourse is to provide the tenant with proper notice that you'll be keeping the deposit, an accounting of the damages and cost of repairs, less any unpaid rent for the terms. Then the usual next step is to file a case in general sessions court to seek a judgment for the balance owed. If you are unsure of how to go about this, consult a local attorney for assistance.

Anthony M. Avery
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Answered
  • Landlord Tenant Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You probably need to consider whether you would be able to collect a potential Judgment for money damages. Hopefully you know where the Tenants work and bank. Getting a Judgment is alot easier than actually collecting it.

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