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Tennessee Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Can I break my lease because of my patio door?

Since September 2022 my patio door has not fully been on. It almost fell on me and my dog. You can see outside and there’s no big screen. It’s not fully on the track. They have been “trying” to fix it for months and had 3 different people look at it. All have said is a safety issue. You can... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: my name is still on the mortgage but my ex is taking care of all bills and i am moving out. advice on a contract?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 20, 2023

If you signed the Note then any Foreclosure of the Deed of Trust may be succeeded by a suit on the Note Deficiency against you. Try to get Ex to refinance and pay off the Note you signed.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I'm being evicted from my home I have been here over a year and I pay by the week 220$ per week and he said I broke agre

BROKE Aagreement he said I wasn't consistent he brought the eviction said I had 10 days to move

Bennett James Wills
Bennett James Wills
answered on Mar 20, 2023

If a court has granted the landlord an order of possession, then you have 10 days to vacate or the sheriff can come and remove you.

0 Answers | Asked in Elder Law, Landlord - Tenant and Civil Rights for Tennessee on
Q: Is it against law for a landlord to refuse request for reasonable accommodation due to disability and age? Why do I do?

I am a disabled elderly person on a fixed income. Due to my mobility problems I use a wheelchair most of the time. I was given 30 days notice to vacate. I have requested an extension due to difficulty in both locating wheelchair accessible housing and the impossible task of physically doing the... Read more »

0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Can I break a 3 month lease that I just moved into, due to smokers and dog feces all over the common areas?

I just moved into a new apartment in Nashville a few days ago. I rented this remotely from Hawaii because I could not come visit before renting. In hindsight, I wish I had gotten a hotel for a few days.

Since moving in, I have not been able to breathe clearly. I can smell weed or cigarette... Read more »

0 Answers | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: Need Reasonable Accommodation via Fair Housing Act, Rehabilitation Act or ADA but LL won’t

I am elderly in wheelchair hard to pack a house etc in 30 days asking extra time to vacate due to disabilities make impossible to pack load etc or have funds to pay for help never late on rent in 5 years received 30 day notice to vacate

0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Our vehicle was towed today from our apartment complex for expired tags. The company says notice was given 10/10/22. Ok?

We do not recall ever seeing a notice and that was 5 months ago. The towing company states they towed it now, because they “just caught up to it” Is this allowed? We have also asked for proof of notice from 10/22, but have not received a response yet

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I received notice to move in 30 days. They are refusing to grant an extension as reasonable accommodation.

I have requested an extension as reasonable accommodation since I am a disabled senior citizen with limited resources and mobility but they are denying that. I understand there are laws requiring such but I have not been able to locate the specific statutes to cite. Reason for eviction is new... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 14, 2023

What is your question? You will probably be served with a Detainer Warrant, then have ten days to move after judgment for possession.

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: If you sign a lease early from 5/1/23-4/29/24. Signed 2/28/23. If someone wants to get out of it, is that possible?

Have a current lease with boyfriend ends 4/28/23. We went ahead and signed for next year on 2/28, the lease says starts 5/1/23, and is signed by all parties. Could one of the people leasing get out of said lease?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: is there a limit in Tennessee on how much a landlord can raise your rent at one time?

trying to raise my rent 500 a month at once

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 8, 2023

No...

0 Answers | Asked in Intellectual Property, Real Estate Law and Landlord - Tenant for Tennessee on
Q: What to do with personal property in Tennessee that has been left behind for several months?

My uncle had been staying with my father for a period of time without any rental obligations. My uncle had left, I believe in early November or possibly before. My father is wanting him to remove the property from his shed. My uncle had agreed to get his things on a Saturday morning 2 weeks ago but... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Tennessee on
Q: Hello, my name is Priscilla and I live in jacksboro tn, in apartment and I moved in December 2, 2019 and that following

Spring I started noticing black mold in my ceiling, shower stall and underneath my wall unit. Also notice when it would rain. That my ceiling fan would leak water through it. And I have to put a bucket down to catch the water from the ceiling we're it leaks. I brought this to my landlords... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the mold and health problems. I could only speak for the injury-related issues. A landlord tenant attorney should advise on issues related to the lease and habitability. You may... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If a landlord accepted partial payment after using tenant a 14 day notice, is that notice null and void?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2023

No, but what counts is whether a Detainer Warrant has been filed or not.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hello: I bought a mobile home that is inside a parking lot. In november the person who rented it told the former owner

Hello:

I bought a mobile home that is inside a parking lot. In november the person who rented it told the former owner that he was going to move out in december. in december he did not pay rent and there was a conversation where he said he needed more time and he was informed that the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 23, 2023

Give him whatever notice the former tenant was supposed to get in the lease. Otherwise file the Detainer Warrant in Sessions now, as service/posting is notice to quit by Statute. Hopefully you know his name. File Detainer For Possession Only now as it will take time to get him out.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the law on tn rentals reguarding 2nd late fee then unpaid rent- an the time frame to terminate tenacy..?

If i i have a tenant an within 2 months-a late payment fee -after 5 day grace period ,was issued an it is the 1st time ....an the 14 day pay or quit was given. ...then they paid that......

AN a few months later -missed payment 1 of 2 per month -an they promised to pay it all on next... Read more »

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

Depends on what your lease says and whether you are accepting payments with or without reservation. But you can't evict someone without filing a detainer summons and getting an order of possession.

2 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Is there a online detainer warrant I can fill out?

The attorney I met with was going to represent me with the unlawful way my landlord how just acquired this property back in May and he's threatened me twice and on Decemeber 20th 2022 I recieved a notice to terminate my month ti month lease

He told me I could fill one out online but... Read more »

Bennett James Wills
Bennett James Wills
answered on Jan 23, 2023

https://www.tncourts.gov/administration/judicial-resources/forms-documents/court-forms

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Where to file a halt on terminating a 30 day notice while contacting an attorney. I found where you can do this online.

Legal aid has tried to help but no one can get either one the landlord nor his office manager answer by phone, text or emails. I have a notice from one of legal aids office to give them but am worried about how they will react to it. Someone from my church has offered to pay for an attorney bc this... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 19, 2023

There is no "halt" in civil procedure. Hire a competent attorney if you do not understand what a Detainer Warrant is. You will probably need to vacate 10 days after possession is adjudged to the owner.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Eviction note or not

I have a 29 year old brother in law living in a camper (not his) on our property. He has lived here since 2019. Never paid no bills or hold a job. All he does is ride four wheeler around and go to the neighbors down road who do meth and sell meth. Will not get job at all and we pay for food he... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 17, 2023

If he is a tenant in common of the property, then he has a right to be there. But if not, then file a Detainer Warrant on him for possession. Let the Sheriff serve/post him. Do not get in a fight or he will have leverage on you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I evict tenants if they have a lease but I want to move into the property?

I am wanting to purchase a home in Nashville, TN that is currently occupied by tenants. Do I have to let them stay until their lease is up? Or can I evict them if I intend to move into the property?

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

A buyer of an occupied property typically purchases subject to the lease. Which means you need to honor the lease terms. However, in some leases, there is a termination on sale clause, which also means the lease terminates when the property is sold. Other times, certain conditions can be negotiated... Read more »

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