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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the difference between normal wear and tear and damage when renting

I recently moved out of an apartment and the landlord is trying to keep majority of the security deposit based off “damage” however it’s just a couple of scratches on the walls where furniture caused friction.

James L. Arrasmith
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answered on Mar 31, 2024

The difference between normal wear and tear and damage is an important distinction when it comes to renting an apartment and determining what costs, if any, should be deducted from a security deposit.

Normal Wear and Tear:

- Occurs naturally over time as the result of normal,...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What are the rates to file paper work on rent to own property?
Anthony M. Avery
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answered on Feb 15, 2024

What is your question? A contract for a deed which is actually a lease with option to purchase may be what you are talking about. That would be a simple contract for an attorney to charge for. But if you are thinking of renting that way, do not do it. All moneys paid in will be forfeited... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I evict a tenant for not responding to my notices, calls or text?

Utilities were changed from landlords name w/o permission. I verbally asked her not to change them but it was still done. I updated the lease to state that utilities must stay in landlords name and now she refuses to agree or sign. Now she won’t respond about paying utilities.

Anthony M. Avery
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answered on Feb 6, 2024

If the lease term is broke, then it is a breach of contract. There are probably other reasons to file a Detainer Warrant. File suit and let her defend herself.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In memphis,tn if a writ of possession for eviction is withdrawn can another writ of possession between 4 days happen

On my case file it says a writ of possession for eviction was withdrawn on the 18th but another one was filed on the 22nd and took place by only a private process server and the landlord no officers were there.

T. Augustus Claus
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answered on Feb 6, 2024

In Memphis, Tennessee, if a writ of possession for eviction is withdrawn, it is legally permissible for another writ of possession to be filed shortly thereafter, as occurred in your case from the 18th to the 22nd. The issuance of a writ of possession is part of the legal process that allows a... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord violated penalty of perjury with notice.

My landlord's daughter said she mailed us a 30 day notice to leave the premises because she has to repair it and we have no lease, we have a lease from her father when we first moved in years ago. All she did was text us "Consider this your 30 day notice" and today, 2 weeks later,... View More

T. Augustus Claus
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answered on Feb 2, 2024

In Tennessee, landlords are typically required to provide tenants with proper notice before initiating eviction proceedings or terminating a lease. The notice must comply with state laws and the terms of the lease agreement, if applicable. While a text message may serve as informal notice, a... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Tennessee on
Q: What are my rights as a tenant in TN?

Our apartment flooded due to an external pipe busting. Our property manager is not handling the situation well. Our walls have water damage that is not being treated properly. What can we do?

James L. Arrasmith
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answered on Jan 21, 2024

As a tenant in Tennessee, you have specific rights and protections under state law. When your apartment experiences flooding and your property manager is not adequately addressing the situation, there are steps you can take to protect your rights and seek resolution.

Firstly, notify your...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: TN law what can a partition sale tenant in common recover for repairs/improvements are they entitled to any kind of

compensation if one had work done on the house are both responsible by TN law to pay equal for the repairs/improvements?

Anthony M. Avery
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answered on Jan 15, 2024

TIC can ask the Court for a reimbursement from the common fund in equity, but it is unlikely it will be awarded.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Rent the house I own in TN and my living situation finds me needing to move back in my house. Can I give 90 day notice

I want to give renter 90 day notice and break the lease. Can I legally do that?

Anthony M. Avery
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answered on Jan 9, 2024

That will almost certainly a breach of the lease contract. Have you read the termination terms of your lease? Depending on the County where you rent, there may be a small amount of leverage with a security deposit if one was given. You might leave and take the chance of being sued. However... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: My landlord passed away. I've been living there for going on 3 years. His kids are his beneficiaries and they just stole

Stole my stuff and changed the locks what do I do

James L. Arrasmith
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answered on Jan 8, 2024

I'm sorry to hear about your situation. It's important to know that as a tenant, you have rights that must be respected, even in the event of a landlord's passing.

First, if your belongings were taken and the locks changed without proper notice, this could be considered...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hi. I am a month late on rent can I still pay the rent to avoid being evicted?
T. Augustus Claus
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answered on Dec 28, 2023

If you're facing a situation where you're behind on rent, it's generally advisable to communicate with your landlord as soon as possible. Explain your circumstances, express your commitment to catching up on rent, and inquire if there are any possible arrangements or grace periods... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my deceased landlords brother sell the rental house that i rent if his name is not legally recorded as the new owner
Anthony M. Avery
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answered on Dec 22, 2023

Any heir is a tenant in common and has authority to sell their interest. There may be a Probate Action also which gives the fiduciary standing sometimes. The title is not your concern as you only have possession unless a Detainer is filed.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I sue my landlord for not getting rid of cockroaches??

I’ve complained a few times and they have failed to get rid of this issue. As a result of this my daughter ended up with a cockroach in her ear.

T. Augustus Claus
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answered on Dec 20, 2023

Yes, you may have grounds to sue your landlord in Tennessee if they have failed to address a persistent cockroach infestation despite your complaints. The presence of pests impacting your living conditions is a violation of the landlord's responsibility to provide habitable premises. The... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Tenants live with me in the home I own/moved out 8 months early after breaking aspects of a 1 year lease.

okay

Anthony M. Avery
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answered on Dec 11, 2023

What is your question?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Do I have to go to court for an eviction if I have moved out in the state of tenneeseee?

We lived in Manchester tn and we moved out but they still sent us an eviction to appear in court. We have moved out I wanted to know if I have to go to court and if I will get a failure to appear?

Anthony M. Avery
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answered on Dec 6, 2023

You do not have to go to Court. But a default judgment will be entered that might include money damages or rent arrearages. Go to Court and dispute anything more than possession and costs.

1 Answer | Asked in Criminal Law, Domestic Violence, Juvenile Law and Landlord - Tenant for Tennessee on
Q: Tn laws on tenant aiming a loaded gun at Property Owner's minor Son and his Mother
Anthony M. Avery
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answered on Nov 27, 2023

What is your question? It sounds like either an aggravated assault or justifiable self defense.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My father passed away suddenly on Feb 2023 we are not aware of our landlord details how can I get the details

I know that he have landlord at kovilpatti and coimbatore

Anthony M. Avery
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answered on Nov 24, 2023

Owner can terminate the lease. Talk to the owner about renewing the lease if needed.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: I am a Homeowner in Tennessee, I want to rent my home out to buy a 2nd property but my HOA prohibits renters- can I sue?

Hoa docs are 15 years old.

Anthony M. Avery
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answered on Nov 13, 2023

You could file suit for a declaratory judgment, but the HOA will probably win.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: New owner trying to raise rent by $164 for repair that should have been done by previous owner/ maintenance.

Notice states: reasons for request on rent increase is (1) repair(s) and (2) new owners.

Can they increase my lease which is from 8/1/23 to 7/31/24? Given 60 days before rent increase. I NEED HELP PLEASE.

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answered on Nov 7, 2023

In Tennessee, landlords cannot raise the rent during the middle of a lease's fixed term (unless stated otherwise in the lease agreement). Therefore, your landlord cannot raise your rent by $164 for repairs that should have been done by the previous owner/maintenance unless your lease agreement... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: Can I get a restraining order on a roommate that has audio recorded me?

Roommate has hidden a device and left that device without my knowledge that I just found and has been recording my conversations with my fiance. My roommate has not been part of those conversations due to private verbage that should only be heard by my fiance or myself. In Tennessee a one consent... View More

James L. Arrasmith
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answered on Nov 8, 2023

If your roommate recorded conversations in a one-party consent state like Tennessee, it generally means they can legally record a conversation to which they are a party without the other party's consent. However, if they were not a part of the conversation and secretly recorded private... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: My current lease is 8/3/23-7/31/24. Can the new owners (10/20/23) make me sign a new contract?

Can they give me a move out or eviction date if I do not fill out a contract with them before 7/31/24? Can they increase my rent before 7/31/24 without me signing any new documents? I'm new to Tennessee and really need help. Thank you.

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answered on Oct 24, 2023

New titled owner takes property subject to tenant in possession. So they should be bound by the

existent lease unless it has some contrary term. Read the lease or hire an attorney to consult. However it is easy to find a reason for a Detainer Warrant.

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