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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?
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
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?
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.
answered on Jan 5, 2023
No
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.
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
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.
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?
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.
evicted?
answered on Oct 31, 2022
File the Detainer Warrant for possession only now. You probably should hire an attorney to file this.
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.
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
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.
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
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.
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
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.
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
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.
I garnished a renters paycheck for damages and her employer isn't garnishing them what do I do?
answered on Sep 12, 2022
You have to go back to Court and try to hold the Garnishee liable. Hire a collection attorney.
As in I lived in an apartment complex that's say if two people live in an apartment they are only allowed two vehicle!
answered on Sep 1, 2022
In Tennessee it is a motor vehicle.
answered on Aug 29, 2022
Then you became a month to month tenant.
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
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.
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
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.
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!!
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.
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.
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
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
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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