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Tennessee Landlord - Tenant Questions & Answers
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
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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
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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
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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.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord serve a mailed eviction letter if my rent is only 14 days late?

Sent a letter stating I need to vacate the property my 12-1-22 because I am within this month late on rent. Due 11-1 and have a 5 days Grace period. Is this legal without a 14 day notice to cure?

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2022

Look at your lease. Often there are provisions in the lease that you have waived notice for non-payment of rent. If you didn't pay in the grace period, then the notice may well be proper.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: There is no lease and the overseer of the unoccupied house has paid no utilities or rent can the said person be easily

evicted?

Anthony M. Avery
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answered on Oct 31, 2022

File the Detainer Warrant for possession only now. You probably should hire an attorney to file this.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can landlord force tenant to leave unit when the tenant has not violated lease. Landlord refuses to remove mold in unit.
Anthony M. Avery
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answered on Oct 18, 2022

A good lawyer can figure out how to get possession from an unwanted tenant. It sounds like you are being given lots of time to find a new rental.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: In TN, am I required by law to sign a new lease if my rental property is sold? I have 16 mo left on a 24 mo lease

Based on the reply I received, I need to add more details. There is no clause in the 2-year lease that says the lease is voided if the property is sold. The new owners are buying the house as an investment with full understanding and agreement as part of the purchase that there is a current tenant... View More

Bennett James Wills
Bennett James Wills
answered on Oct 17, 2022

Maybe. You should check the terms of your lease. Sometimes there is a termination on sale clause. If not, the new owner would buy the property subject to the lease.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Do you have a right to see paperwork presented to the police against you in Tennessee

Got a Friend being evicted from her house. she doesn't have her rental agreement and the landlord refuses to provide a copy. If the landlord presented paperwork to the police specifying that you had to leave in less than 30 days. Would you have any legal right to see the paperwork presented to... View More

Anthony M. Avery
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answered on Oct 7, 2022

Is there a Detainer Warrant issued or not? Call your General Sessions Court and ask if friend is a defendant. It must be served or posted.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: we unfortunately have Covid and are unable to move everything out in the allowed 5 days. Can we ask for 2 more days

Are lease is over but we got sick with Covid and have no one to help us … we are starting to feel better and need a couple more days to vacate the property.. what can we do and are allowed by the law to do on getting the rest of our things moved out of the apartment

Anthony M. Avery
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answered on Oct 5, 2022

Just keep moving out. It is up to the Owner to get a Writ of Possession issued, executed.

It sounds like you will be alright, but do not tear up the leasehold on the way out.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can landlords charge a full month rent to prior tenant when a new tenant moves in part way through the month?

We bought a house and moved out early on our lease extension. We gave thirty days notice and let the property manager show the house to a new tenant. There was zero lag in occupancy and the new tenant is paying more rent. My verbal agreement with property manager was for us to pay rent until a... View More

Anthony M. Avery
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answered on Oct 3, 2022

Read your Lease. Prorating Rent is probably not addressed. So filing suit is probably not advised, especially since you quit the Lease early.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In the state of Tennessee if a employer does not garnish a employees wages after such garnishment was to be made

I garnished a renters paycheck for damages and her employer isn't garnishing them what do I do?

Anthony M. Avery
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answered on Sep 12, 2022

You have to go back to Court and try to hold the Garnishee liable. Hire a collection attorney.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is a motorcycle considered a vehicle?

As in I lived in an apartment complex that's say if two people live in an apartment they are only allowed two vehicle!

Anthony M. Avery
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answered on Sep 1, 2022

In Tennessee it is a motor vehicle.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: If i have been leasing a duplex on a year to year lease and my lease wasn't renewed but i was still paying is that legal
Anthony M. Avery
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answered on Aug 29, 2022

Then you became a month to month tenant.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My landlord sold the property to a new owner on the last day of our lease agreement. Who owes us the security deposit?

We moved out on the 30th of June and I think the new owners signed on that day. Our landlord has ghosted us in regards to the security deposit. She has not claimed any damages. I have given her thirty days and then sent a notice of failure to return deposit when I hadn’t heard anything. Before I... View More

Anthony M. Avery
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answered on Aug 22, 2022

Your contract is with the former owner. You could sue in General Sessions Court for Breach, Conversion, or in certain Counties, violation of Statute. It may not be worth it, but you probably know what Bank he uses to execute a levy.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I just received a "notice of termination" it says I have to be moved out by 8/15/2022. I just got the letter today 8/12.

We had a deal with the old landlord for $400 a month rent, paid yearly with tax return. We have lived here for over 10 years. The land was sold 2 weeks ago and I have had trouble with the new owner every day. He gave me 12 hrs notice that his people were going to throw away anything they wanted on... View More

Anthony M. Avery
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answered on Aug 12, 2022

You might stay until you are served with a Detainer Warrant, then play out the process until a

Writ of Possession is imminent. Any information you give the owner will be used to collect a Judgment from you. Apparently you owe rent so you might look for another place to live.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In Hardin Co Tn, how long does tenant have to pay back a judgement for rent & do they go to jail of they don't pay

New ownership less than 2 yrs in ownership of apts

They believe that since we won the eviction an judgement that if the tenant doesnt pay the monies owed they will be arrested. Please help!!

Anthony M. Avery
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answered on Aug 12, 2022

Not sure of your question. But generally Judgments are enforceable for 10 years. Debtors do not go to jail for nonpayment, but can be held in contempt for refusal to disclose employment, cash, land, etc. when asked in discovery.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I would just like to ask if I just don't pay the rent for the month, and I move out, what are the consequences?

I want to move out because I had to quit my job to move in full time to be a caregiver to a family member.

Anthony M. Avery
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answered on Aug 4, 2022

Landlord may bring a Detainer and/or Breach of Contract action in Sessions Court. It is very possible a Judgment for rent money from one month to twelve months, and costs will be decreed. A written Lease might allow other charges like attorney fees also. The Landlord might have you served prior... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: House showing when rental home for sale

I allowed a showing yesterday of the house I am renting. I am moving in January when my lease is up and I want to help out the owners. The listing agent has not disclosed in the listing that the home is currently rented so 75% of the showings so far are for people expecting to move in. Yesterday,... View More

Henry Ambrose
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answered on Aug 11, 2022

Talk to your landlord and ask them to deal with the agent. It sounds like the agent considers you a bother. That you want to have privacy and enjoyment of your home is not unreasonable, you are paying rent and are entitled to it. Its possible that your lease covers this situation and that may... View More

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