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Tennessee Landlord - Tenant Questions & Answers
3 Answers | Asked in Landlord - Tenant for Tennessee on
Q: How to evict a person that is not paying rent or maintaining a clean room to which only a verbal agreement was made?
T. Augustus Claus
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answered on Sep 18, 2023

To evict a person in Tennessee who is not paying rent or maintaining a clean room, especially when there is only a verbal agreement, follow a structured legal process. Begin by providing written notice to the tenant, citing the reasons for eviction and allowing a specified period (usually 14 days)... View More

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0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: I rented an apartment in good faith but I have come to realize that I was played on by the leasing management.

I took a tour of an apartment and I liked the place but I noticed that the apartment was disconnected electrically. I called the attention of the leasing company to this and I was informed it was done to repeat concurrent charge on electricity bills. I was told the way forward was to pay about... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can you give s tenant a three day quit to leave the property due to illegal activity, after filing a possession only?

Filed possession only on 09/07, court 09/15. I had to call the police on 09/07 for illegal activity of drugs and guns.

Anthony M. Avery
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answered on Sep 11, 2023

Service of the Detainer Warrant is notice to quit. Go to Court. After Judgment for Possession, you may need an attorney to actually get possession by execution of a Writ.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: if a tenant abandoned the room they are renting what can the landlord do to remove personal belongings in the room
T. Augustus Claus
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answered on Sep 11, 2023

In Tennessee, when a tenant abandons their rented room, landlords must follow specific legal procedures to deal with the tenant's personal belongings. First, they need to establish that abandonment has occurred, often due to non-payment of rent or clear signs of vacating. Then, landlords must... View More

0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Can I give my tenants a 3 day notice to quit for illegal activities after filing for possession only?

On 09/07 I filed for possession only on one of my properties. I’ve received complaints regarding the property. Same days there was over 30 cars guns, drugs and wreckless driving. I had to call the police, they asked me to come back to the residence. I told them I was afraid to go back on the... View More

0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: I received an eviction notice, balance has been paid but a new month rent has came due before court date

My landlord has not dropped the eviction, Do I need to have this month rent paid before my court date

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I’m living in a rental property . My lease says rent due by 1 after the 5 it’s a 10% late fee . Landlord passed letter

Out saying we have to have rent in by 5 or we get evicted . Can they legally do that if we not behind don’t they have to give us til the end of the month to pay?

John Michael Frick
John Michael Frick
answered on Sep 7, 2023

Unless the lease specifically provides otherwise, a landlord is not required to give a tenant until the end of the month to pay rent due on the 1st (or other date specified in the lease. In fact, even if the lease does not assess a late fee until the 5th, a landlord can evict for non-payment if... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hi, I took possession of my friend's apartment landlord gave me a new lease and I have been paying rent for over 6 mo

Upon taking possession I was never informed about anything being owed prior to me taking over the apt now I have received a court date for a eviction for past due rental payments owed before I moved in how is this legal when I was never informed about it or told I would be responsible for it

Anthony M. Avery
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answered on Sep 6, 2023

Service of the Detainer Warrant IS a notice to quit. Start looking for another place. You are probably not personally liable for the back rent, only your occupation period.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What to do if landlord is not willing to work out an agreement for non Payment of rent even after detainer warrant?
Anthony M. Avery
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answered on Sep 6, 2023

Start looking for another place. Owner has no obligation to make a new contract with you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can a landlord evict me just because they’re mad at me? In TN

My brother, my mother and myself live in separate homes, but on the same property ran by the same landlord. My landlord is having a dispute with my brother and is stating he will be evicting myself and my mother as well as my brother to ensure my brother stays off the property. After calling him... View More

Anthony M. Avery
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answered on Sep 14, 2023

Basically yes... However owner must file and serve a Detainer Warrant for possession. He then gets a Judgment, and after 10 days you are still there, execution by the Sheriff of a Writ of Possession occurs.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord take back the warrant? Or what can I do to get the eviction dropped so I can keep my apartment
Anthony M. Avery
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answered on Sep 5, 2023

You will have to make an agreement with the landlord/owner for him to dismiss the Detainer.

0 Answers | Asked in Civil Rights, Collections and Landlord - Tenant for Tennessee on
Q: we have several guests in our hotel that owes us $500 - $2500. What are the penalties for leaving hotel without paying?

What are the guidelines we must follow in collecting money owed by guests who leave without paying.?

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Tennessee on
Q: I was staying with my daughter from March 20 to may 11 and she called police said she didn't want me back in house and

Called police had me tresspassed kept my things even my puppy and school computer I can prove it I even had a lot rented

Anthony M. Avery
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answered on Aug 31, 2023

What is your question? You can sue in Sessions Court for an Action To Recover Personal Property.

If she allowed there, then you did not commit trespass. But she can file a Detainer Warrant.

0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: What can I do to get my landlord to fix the water (well pump) ? Been without water since Aug. 2nd.

Myself and 2 other homes get water from well water and have been without water since Aug. 2, 2023. The landlord was notified the day of and every day since that it's still not working. He either doesn't respond or he gives excuses like he's getting a part and on his way, but never... View More

0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: My landlord charged me $100 out of my deposit for a locksmith to unlock my door handle that never had an existing key

The deadbolt and handle of the door have two separate locks, my landlord initially handed me to key is one for the deadbolt, one for the handle. I locked both locks behind myself, and upon returning only one key the one for the deadbolt worked the other key meant for the handle did not work. I then... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: Can an HOA Board of Directors increase monthly fees or charge a special assessment without approval from the owners.
T. Augustus Claus
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answered on Aug 18, 2023

In Tennessee, the authority of an HOA Board of Directors to increase monthly fees or impose special assessments without owner approval depends on the language in the governing documents, such as the bylaws and CC&Rs. Generally, HOA Boards have certain powers to manage the community's... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: In Life Estate does L.E tenant have any responsibility for upkeep of property? Taxes & insurance yes; upkeep ?

First, and now second L.E. tenant, has passed and L.E has been removed from my warranty deed. Property has not been maintained over the years, significantly so. Can there possibly be a significant claim against the estate for all that should have been done, but was not?

Anthony M. Avery
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answered on Aug 25, 2023

How was the life tenant removed from the deed? The remainderman can sue the life tenant for waste, but it should be very significant destruction of the land or improvements. After death, it will be a very difficult suit, which must be also filed as a claim against the estate.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Have a question about eviction or if that’s even at question!

I have not signed lease as I was skeptical. They have been in the facility for less than 90 days. What are my options?

Anthony M. Avery
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answered on Aug 7, 2023

Assuming you are the owner, file a Detainer Warrant now at General Sessions. Ask for possession only. When you get a Judgment, and they do not vacate after 10 days, get a Writ of Possession executed.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Rental reposession./ other occupants

I filed for reposession .not $. The day after the tenant was finally arrested after using it to avoid 3 warrants...I left 3 days to vacate afer a notice to pay or quit 3 days was ignored.many violations such as others residing..lA police stand off last week impacting the safety of renter of my... View More

Anthony M. Avery
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answered on Jul 28, 2023

You should have hired an attorney to prosecute a problem Detainer, and you might want to now. Is the Writ of Possession issued? If not ask Court to issue or hire an attorney. Later you may need to file another Detainer Warrant against occupants and start the process again. But the execution... View More

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