Lawyers, Answer Questions  & Get Points Log In
Tennessee Landlord - Tenant Questions & Answers
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: If I have a year lease can land lord go up on rent even if my year not up
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 27, 2023

Whether your landlord can change the rate "mid-term" in the lease will depend on the language in the lease. If there is no provision allowing for this- then - no, the landlord shouldn't be able to change the rate during the term of the lease.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: Can we sue a property manager for not following through with a property following an eviction, result significant damage

I am an out if state owner that the property managers evicted a tenant and did not follow through with maintenance of the property resulting in bursting of pipes and significant damage during cold weather. Management is aware we are out of state and also recently went through a detrimental... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2023

That is a suit by you against your own management co. General Sessions might be available. You will have the burden of proving Breach of Contract resulting in Damages.

View More Answers

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: my name is still on the mortgage but my ex is taking care of all bills and i am moving out. advice on a contract?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

If you signed the Note then any Foreclosure of the Deed of Trust may be succeeded by a suit on the Note Deficiency against you. Try to get Ex to refinance and pay off the Note you signed.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I'm being evicted from my home I have been here over a year and I pay by the week 220$ per week and he said I broke agre

BROKE Aagreement he said I wasn't consistent he brought the eviction said I had 10 days to move

Bennett James Wills
Bennett James Wills
answered on Mar 20, 2023

If a court has granted the landlord an order of possession, then you have 10 days to vacate or the sheriff can come and remove you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I received notice to move in 30 days. They are refusing to grant an extension as reasonable accommodation.

I have requested an extension as reasonable accommodation since I am a disabled senior citizen with limited resources and mobility but they are denying that. I understand there are laws requiring such but I have not been able to locate the specific statutes to cite. Reason for eviction is new... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

What is your question? You will probably be served with a Detainer Warrant, then have ten days to move after judgment for possession.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: is there a limit in Tennessee on how much a landlord can raise your rent at one time?

trying to raise my rent 500 a month at once

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2023

No...

1 Answer | Asked in Personal Injury and Landlord - Tenant for Tennessee on
Q: Hello, my name is Priscilla and I live in jacksboro tn, in apartment and I moved in December 2, 2019 and that following

Spring I started noticing black mold in my ceiling, shower stall and underneath my wall unit. Also notice when it would rain. That my ceiling fan would leak water through it. And I have to put a bucket down to catch the water from the ceiling we're it leaks. I brought this to my landlords... View More

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the mold and health problems. I could only speak for the injury-related issues. A landlord tenant attorney should advise on issues related to the lease and habitability. You may... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If a landlord accepted partial payment after using tenant a 14 day notice, is that notice null and void?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2023

No, but what counts is whether a Detainer Warrant has been filed or not.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hello: I bought a mobile home that is inside a parking lot. In november the person who rented it told the former owner

Hello:

I bought a mobile home that is inside a parking lot. In november the person who rented it told the former owner that he was going to move out in december. in december he did not pay rent and there was a conversation where he said he needed more time and he was informed that the... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2023

Give him whatever notice the former tenant was supposed to get in the lease. Otherwise file the Detainer Warrant in Sessions now, as service/posting is notice to quit by Statute. Hopefully you know his name. File Detainer For Possession Only now as it will take time to get him out.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the law on tn rentals reguarding 2nd late fee then unpaid rent- an the time frame to terminate tenacy..?

If i i have a tenant an within 2 months-a late payment fee -after 5 day grace period ,was issued an it is the 1st time ....an the 14 day pay or quit was given. ...then they paid that......

AN a few months later -missed payment 1 of 2 per month -an they promised to pay it all on next... View More

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

Depends on what your lease says and whether you are accepting payments with or without reservation. But you can't evict someone without filing a detainer summons and getting an order of possession.

2 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Is there a online detainer warrant I can fill out?

The attorney I met with was going to represent me with the unlawful way my landlord how just acquired this property back in May and he's threatened me twice and on Decemeber 20th 2022 I recieved a notice to terminate my month ti month lease

He told me I could fill one out online but... View More

Bennett James Wills
Bennett James Wills
answered on Jan 23, 2023

https://www.tncourts.gov/administration/judicial-resources/forms-documents/court-forms

View More Answers

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Where to file a halt on terminating a 30 day notice while contacting an attorney. I found where you can do this online.

Legal aid has tried to help but no one can get either one the landlord nor his office manager answer by phone, text or emails. I have a notice from one of legal aids office to give them but am worried about how they will react to it. Someone from my church has offered to pay for an attorney bc this... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2023

There is no "halt" in civil procedure. Hire a competent attorney if you do not understand what a Detainer Warrant is. You will probably need to vacate 10 days after possession is adjudged to the owner.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Eviction note or not

I have a 29 year old brother in law living in a camper (not his) on our property. He has lived here since 2019. Never paid no bills or hold a job. All he does is ride four wheeler around and go to the neighbors down road who do meth and sell meth. Will not get job at all and we pay for food he... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2023

If he is a tenant in common of the property, then he has a right to be there. But if not, then file a Detainer Warrant on him for possession. Let the Sheriff serve/post him. Do not get in a fight or he will have leverage on you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I evict tenants if they have a lease but I want to move into the property?

I am wanting to purchase a home in Nashville, TN that is currently occupied by tenants. Do I have to let them stay until their lease is up? Or can I evict them if I intend to move into the property?

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

A buyer of an occupied property typically purchases subject to the lease. Which means you need to honor the lease terms. However, in some leases, there is a termination on sale clause, which also means the lease terminates when the property is sold. Other times, certain conditions can be negotiated... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hello!! If my tenant moved out early, am I still entitled to last month's rent?

My tenant signed a lease until January 14, 2023, but she moved out on December 31, 2022. She paid first and last month's rent, plus a security deposit when she moved in. Is she entitled to any money back since she didn't live there in January?

Bennett James Wills
Bennett James Wills
answered on Jan 9, 2023

You are entitled to rent through the term of the lease, unless the lease states otherwise. Leaving early is typically considered abandonment.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Does my landlord have to pay to relocate my family because of excessive black mold ? I live in Union City Tennessee
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2023

No

1 Answer | Asked in Collections and Landlord - Tenant for Tennessee on
Q: I won a judgment last year from my previous tenant, I'm in Nashville,TN. how I can collect it?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2023

Hire an experienced collection attorney to either pursue it or forget about it. Apparently you do not know anything about the judgment debtor's financial situation, which you need to even to consider the collection process.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My question is about legal residents in your home. I asked this already but I don't think I gave enough information.

My nephew who is 23 has lived with me for 18 years and we have had some trouble with him and had to call the police a couple of times. They told us that he is a legal resident and we can not make him leave without an eviction notice and all that that entails. He does not have a lease and he does... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2023

If he somehow gets back into the house, you will have to file a Detainer Warrant in Sessions Court. Changing the locks might help now.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.