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Tennessee Landlord - Tenant Questions & Answers
0 Answers | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: We have abided by our lease and our lessor hasn’t can they evict us for asking for maintenance to be done on the house

The lease states that the house would be move in ready by the 1st and it wasn’t we paid 3300 for first month and deposit. We were late on rent the first month due to illness but rent was paid with the late fee as stated in the lease.And a letter was sent to us from his lawyers office stating that... Read more »

0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Paid pet deposit, new apartment owners have no record of it and are giving me 7 days to get out.

I have no income and paid my pet deposit over the span of 2 years. My apartment complex recently obtained a new owner and are saying that there’s no record of the payments. I called the previous leasing company and they also have no record. What are my rights if I don’t have any receipts... Read more »

0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: I am currently renting a home that has a rat infestation which has lead to chewed through work. What can I do?

Williamson County,TN. My family and I have lived in this home for about 40 days and this is just the icing on the cake of problems. I need to know what my rights are as a Tennant and what my landlord is expected to do. Can I move out with notice? It's u healthy to be here.

0 Answers | Asked in Landlord - Tenant, Tax Law, Real Estate Law and Land Use & Zoning for Tennessee on
Q: Tax sale eviction.

The property that my family has owned and lived on since 2003 was sold at tax auction and it’s too late for us to redeem it because when we tried to do so the court house employees told my mother it wasn’t possible. Now I feel at that we will be facing eviction soon so I need to know how much... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord terminate our lease early if our rental payments have been late but have always been paid?
Bennett James Wills
Bennett James Wills answered on May 4, 2022

Depends on the language in your lease and whether the landlord accepting your rent with or without reservation.

0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Does tennessee law Require a tenant to disclose they have either a service dog or an Esa dog .

I have been denied many times over last 3 months rentals ,just said every time they rented to someone else. I have a 10 yr old service dog who happens to be a 100 pound Rottweiler. He is the only reason for the denials although the rental agencies do not ever say that. My 75 yr old mom also had... Read more »

0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord just show up without any notice & demand an apartment inspection in the middle of your work-at-home day?

The landlord has had a bad experience with another tenant that was on drugs that interrupted our work days and our nights sleeping and it took months to evict them. Another resident even had to move out just to keep their call center job. The rest of us tenants are totally exhausted from the lack... Read more »

0 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Is a landlord in Tennessee allowed to do this? "Deposit will be returned to resident, less a $300 maintenance charge."

This is for the security deposit. Lease says that all money will be returned, less a $300 maintenance charge, if there are no other damages.

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: Memphis TN I need to know exact steps that I need to take in order to retrieve my personal property . Court forms etc

I want a police escort and need to know the proper way to handle this. My roommate was going into my room and stealing my things and I have proof on camera. She is bitter and is refusing to let me have my belongings. She claims I have plenty of money and parents to buy myself replacements of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 22, 2022

Action to Recover Personal Property in General Sessions Court. Bond will probably be required, so determine if the stolen items are worth it.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my roommate make me leave with giving me only 3 days to get out I am not on the lease but I've lived here for 2 yrs

I am on SSI and have no family to help and nowhere to go and 3 days is not long enough and today is the 3rd day...she said she's going to have sherif remove me can they do this to me

Anthony M. Avery
Anthony M. Avery answered on Apr 15, 2022

A Detainer Warrant must be filed and served. After the Court gives lessee possession, the sublessee will have 10 days to leave, or a Writ Of Possession can issue and be executed.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In Sullivan County Tennessee can you be made to leave immediately if you have lived in a home for more than 30 days

No rent and no rental agreement

Anthony M. Avery
Anthony M. Avery answered on Apr 7, 2022

You are subject to either a Detainer Warrant or Ejectment, outside an Order of Protection (immediate). If served or posted, you go to Court. Possession is given to the Plaintiff and you then have ten days to appeal. Otherwise a Writ of Possession is executed for the Sheriff to remove you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How long after landlord is granted possession does a tenant have to appeal the decision?
Anthony M. Avery
Anthony M. Avery answered on Mar 21, 2022

Ten Days, but you will probably need to post a Bond which could be very expensive.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My tenants have consistently paid late for five months. Can I terminate the lease without cure just for paying late?

It states in my lease that paying in an untimely manner can lead to eviction. I have yet to give them a notice. I just want them out.

Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2022

If the Lease Contract actually has that term, then file a Detainer Warrant. Suing For Possession Only would probably meet your objectives. Service or Posting is Notice To Quit.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How do I remove unwanted trespassing, unwanted guests no longer wanted in a home without a lease agreement?

Guest of home owner wishes that said guests would vacate property once granted for a short period, now no longer granted to leave said property. Guest were granted access to home, for a period of time, to find new housing, violated verbal agreement, by not finding other housing within that time... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2022

The only legal remedy is filing a Detainer Warrant, and that is what he should do today.

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: If owner of property takes away granted permission to be on said property, and tells to vacate and persons do not leave
Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2022

The owner will have to file and prosecute a Detainer Warrant in General Sessions.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Am I responsible for past due HOA fees accrued by in laws?

When my husband's parents passed away last year, we inherited their home. About a month later, we got a note from the HOA that they hadn't paid most of the time, about $1280 worth. Now that our name is on the deed, are we responsible for that past due amount? I've looked through the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2022

HOA dues are a lien against the property, not the owners. If not paid, foreclosure occurs whether you bought or inherited the condo.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Just found out today where I've lived for 3 years is being sold real estate agent said I had to be gone in two days

Shouldn't i get at least 30 days i cant find a place in 2 days plus i have no lease i need more than 2 days

Anthony M. Avery
Anthony M. Avery answered on Feb 9, 2022

You could wait until a Detainer Warrant is served upon you. The full removal process would usually be 45 days or longer. But the owner may mess with you, like cutting off utilities, etc. You might ask for money to leave fast.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Tennessee on
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... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2022

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...
Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: Owner scheduled all windows to be replaced. We will be out of town and do not want anyone in the house.

What are our (tenant) rights? Can we change the locks so landlord cannot gain entry?

Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2022

Landlord/Owner has a right to go on leasehold. It is probably in your Lease with a notice provision, which is why they told you. Trying to prevent the landlord's lawful entry will be a breach of contract and grounds for a Detainer Warrant. I would take pictures of everything before I left.

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