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Tennessee Landlord - Tenant Questions & Answers
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
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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
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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
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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
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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
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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
PREMIUM
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
PREMIUM
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.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I’ve leased for 3 years and just renewed my lease. Do I have the right to ask and or receive new carpet/flooring/ paint
Anthony M. Avery
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Anthony M. Avery
answered on Feb 2, 2022

You have no right but you can ask the landlord/owner to replace wore out fixtures.

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: does Tennessee have any laws on tenant contact with former resident about security deposit? It’s been over 30 days

Since I moved out. And they just called me saying the damages went over my 850 security deposit and I owe them $250.

Anthony M. Avery
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Anthony M. Avery
answered on Dec 23, 2021

SOL of property torts is 3 years. So the owner has plenty of time to sue you for damages. I would think they would keep your security deposit and forget about the rest. But if they serve you with a Civil Warrant, go to Court and deny any such damages.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord throw me out after a 14 day notice to quit, or do we go to court?

She's threatening to come with sheriff tomorrow, the 14th day.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 15, 2021

Have you been served with a Detainer Warrant? Have you went to Court and the Judge granted the owner's request for possession? If not, then the Detainer Process has not been completed. If so, then after the time for an appeal expires, a Writ of Possession can be executed which physically... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is a renter allowed to ask a tenant to move out even tho the tenant has done nothing wrong?

I live in a mobile home. My landlord, whose name is on the land, passed away in April. We had a verbal agreement, with his brother as a witness, that said I am allowed to live here as long as I wish and said on multiple occasions that his daughters will honor that if anything happens. I have been a... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 30, 2021

Yes the owners can recover possession. A Detainer Warrant is the usual method, but there are others. Your oral agreement is not enforceable past a month. You should have expected this.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Renting but can I refuse an agent entry to the property tomorrow while I am at work and I have a dog. Just now notified.

I have a large dog and no way to make arrangements while I am work tomorrow. I told this to the property manager and her response was she only has to give 24 hours notice.

Bennett James Wills
Bennett James Wills
answered on Nov 29, 2021

Look at the terms of your lease. Typically, 24 hours is sufficient notice.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Someone is living in our house, not paying rent or utilities, can we enter the home

This is in lawrence county tennessee

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 10, 2021

If you are the titled owner, you can break the door down. But do not get in a fight, or you will be arrested and the occupant will have leverage. Hire an attorney to file a Detainer Warrant For Possession Only immediately.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I got a detainer warrant, is it basically too late to try to pay what I owe to stop the eviction process?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 25, 2021

You can talk to your landlord and try to settle the rent problem. But he might take the money, then continue the Detainer litigation. It may be best to look elsewhere for housing, as he may already have a new renter with money. It will take some time to actually remove you from the property.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: 9 days late on rent. No waiver clause in lease not sure what that means
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 13, 2021

Not sure of your question. But it sounds like you have breached the Lease Contract by paying late, for which there may not be a late payment penalty or waiver of timely payments.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have a tenant who is currently moving out, and has refused to pay their last months rent. Is there anything I can do?

The tenant has stayed in one of my spare rooms, paying on a month to month basis. The tenant has stayed for 9 months.No written rental agreement was made, but a verbal agreement was made. The tenant is moving out currently, but refuses to pay for rent in September. Is there anything I can legally... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 11, 2021

You can file a Detainer Warrant for both Possession and Back Due Rent. You will probably get a Judgment, but you may not be able to collect it. It helps if you know where he works and banks.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Tennessee on
Q: How was I charged with vandalism at my former residence after moving, what was the purpose of my $1000 deposit?

Paid $800 deposit plus $200 for pet. The warrant said a broken window, already broken, missing shelves and closet rods, and damage to cabinets. There was only 1 closet rod when I moved in, and the drawer was taped in 1 cabinet because it kept falling apart. That being said, I'm confused as to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 6, 2021

You need an attorney to represent you to prove Restitution has already been made.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I was given an eviction notice and I am out before the 7 days what will happen?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 1, 2021

What is your question? You have given up possession, so no Detainer Warrant. The owner might sue you for rent due or damages, but it may be hard to serve you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Moved before writ of possession, went to get rest of my things, landlord was stealing my things, is this lega
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 14, 2021

It may have been Conversion. But it was definitely Criminal Trespassing for you to go back there.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How to file adverse possession in tn
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 14, 2021

You do not "file" for adverse possession. If you are serious, then hire a very competent attorney who actually conducts real property litigation (not closings), and pay him alot of money for advice what to do for the next several years.

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