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Tennessee Landlord - Tenant Questions & Answers
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.

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.

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

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the legal distinctions between a "lodger" and a "tenant" in the U.S. state of Tennessee?

We recently allowed an acquaintance to stay in the same home that we live in on a temporary basis, with no requirement to pay rent, utilities, or provide any services to us in exchange. The plan is that this acquaintance will secure their own housing no more than four months from now. While no... View More

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answered on Jul 19, 2023

You will need to file and serve a Detainer Warrant for Possession in General Sessions Court against the occupying party.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a apartment complex end your lease if you don’t have any debt, for a lease violation?

I have no debt with my apartment complex and there was a issue with parking in the “incorrect” spot once and my car was towed and the tow driver said he would drop us and pay a drop fee if my apt mgr said it was okay and didn’t so he towed us and we started asking her why and yes we cussed... View More

Anthony M. Avery
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answered on Jul 12, 2023

Yes... Landlord has to file a Detainer Warrant on you. It must served or posted. After Judgment for possession against you, you will have ten days to leave or appeal. Otherwise a Writ of Possession will be executed by the Sheriff.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How to get rid of a tenant renting an RV lot on our property? Her and her son have caused damage, Police report filed.

We rented an RV lot to an unknown person and her son, located on our property that we currently live on. They have a vicious dog that has tried to attack several of our family members (rule; no pets), they have low life guest that have caused property damage to our vehicles (police report files)... View More

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answered on Jul 11, 2023

Hire an attorney to file a Detainer Warrant against the two renters for possession only. If unknown name, then use occupants. It will need to be served personally or posted. Do not get in a fight with them or they will have leverage. After a Judgment for possession, and ten days have... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord rake me to court over accidentally damaging a tree while mowing?

I was mowing the yard at my rental property and accidentally damaged a small tree and is now dieing and my landlord threatened to take me to court. Even though we see each other multiple times out of the day he refuses to come to me directly with any issues or concerns but instead will go through... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

The direct answer to your question is Yes, the LL can take you to court over property damage. The issue is whether you were negligent in damaging the tree while mowing. Other issues are: Who is responsible under the lease to maintain the property? Did LL provide you with any instructions about... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have been served a writ of possession and the landlord will not let me retrieve my belongings

I was served a writ of possession over 35 days after going to court and the landlord will not let me retrieve my belongings he only gave me 15 minutes to gather my things and get out all of my personal stuff is still there and I've been told he's been going through it

Anthony M. Avery
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answered on Jun 5, 2023

If you have a lease, read it about termination. If you have a security deposit, then claim it. You may have to file an Action To Recover Personal Property in Sessions Court, or for conversion. A money judgment might be executed against the real property of the owner. Politely threaten the... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How long does a landlord have to replace a hot water heater in the state of Tennessee in Dickson County
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answered on May 25, 2023

There does not exist some special statute for utility maintenance in Dickson County. You may want to find another place to live if the landlord will not correct the problem.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I'm awaiting renovations to my apartment for a year now and now she wants to raise the rent yet again
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answered on May 16, 2023

If you are not okay with that, then move somewhere else. Landlord will probably agree to terminate the lease , and if not, it is difficult to collect future rentals.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I need to know how to count the 10 days before a writ is given in Johnson County tn

The landlord also took part of my belongings and ruined other things

Anthony M. Avery
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answered on May 9, 2023

Generally the 10 days to appeal or vacate the leasehold start the day after Judgment is entered. It can take a little time for the Judge to issue a Writ Of Possession. And then it is up to the Sheriff when he executes it.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: If a disabled person cannot find new housing within the agreed 60 days, can the landlord immediately evict them?

The landlord initially attempted to increase the rent by $275 but then dropped down to $175. The tenant decided at the end to not renew lease and was given 60 days to vacate the premises. New housing had not been secured within the 60 days and he asked for additional time but was refused. Is this... View More

Anthony M. Avery
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answered on May 24, 2023

Being disabled does not give you special leasing privileges. However written or oral notice to leave does not give possession to owner. A Detainer Warrant being filed, served and granted judgment upon is necessary first.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If there are no damages to apartment but landlord refuses to give security deposit back

Have recordings and pictures of before and after of entire apartment

Anthony M. Avery
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answered on May 1, 2023

You will probably have to sue the landlord in Sessions Court to get the deposit back.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I was served a summons for a lawsuit by a landlord. Do i need to file an answer?

I was served an affidavit of indebtedness and a summons. I am to appear in general sessions court. The affiant being the landlord. It's not a collection agency. If I do need to file and answer is there a resource or template available to assist?

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answered on Apr 20, 2023

What Court is it in? If Sessions, then a Sworn Denial should be filed. If Circuit or Chancery, then an Answer is required within 30 days, and possibly also a Sworn Denial. If the latter then each allegation of the Complaint must be addressed. Since you are being sued for breach of contract,... View More

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