Knoxville, TN asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Tennessee

Q: When a judgment is awarded in favor of the Plaintiff; How long before Writ of Possession can be executed? Same day?

The Plaintiff (Landlord) won the Detainer Warrant hearing by default as I could not appear due to my being hospitalized the night before the Hearing at 9 am. (However, I had no real defense, I was behind and had no way to come up with what I owed; 2 months rent, so I was expecting to lose at the hearing.) I'm just trying to ascertain how long before I'm forcibly removed. Also, the Original Owner/Landlord sold this property to his Brother-in-law just prior to my 24 month lease ending. Not sure what happens to the Damage Deposit and last month rental payment that was paid upon moving in 24 months ago. Thank you in advance for anyone's advice!

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

A: If you are still in possession ten days after the Judgment, then the landlord can ask for a

Writ of Possession to issue. Usually the Sheriff will contact you to leave prior to force, but it is not required. Not going to Court probably forfeited your Security Deposit which you did not claim. You can sue for its return, but the landlord will claim it has been used for repairs.

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